What happens if a DAB Member is unable to or does not carry out their duties?

Does the whole dispute adjudication board grind to a halt if a DAB member either does not, or cannot carry out his or her duties? Well, no it doesn’t.

The Sub-Clause 20.2 (Appointment of the Dispute Adjudication Board) of the FIDIC Red Book covers this eventuality as follows:

‘If at any time the Parties so agree, they may appoint a suitably qualified person or persons to replace (or to be available to replace) any one or more members of the DAB. Unless the Parties agree otherwise, the appointment will come into effect if a member declines to act or is unable to act as a result of death, disability, resignation or termination of appointment’

and

‘The appointment of any member may be terminated by mutual agreement of both Parties, but not by the Employer or the Contractor acting alone.

Thus, a member may be replaced if he or she declines, or is unable to carry out their duties. Additionally, the second part of the above extract could be applicable if both parties were dissatisfied with the services carried out by the member. This would probably be a good solution to the case that I reported in a previous blog where the appointed single DAB member had no experience in construction and was obviously unqualified to act in the capacity of a member.

If you would like to learn more about Dispute Boards why not join us for an evening in Dubai where we will present a mock dispute board hearing to illustrate how disputes can be resolved at project level without resorting to costly and time consuming arbitration. For more information and to register, please have a look at the invitation