Selection and Appointment ............................................................................................................4

3.3. Where the appointment request is made by one party alone, the request form filed with FIDIC and the supporting documents will be provided to the other party in order for FIDIC to duly consult with the other party to the contract.

4. Selection and Appointment

4.1. Once the required information and documents are received and FIDIC is satisfied that it has the power to make an appointment, FIDIC will proceed to the selection of prospective appointee(s).

4.2. FIDIC and the appointee rely upon the accuracy of the information provided to FIDIC to make the selection and for the appointee to make enquiries about potential conflicts of interest.

4.3. FIDIC will make selection from its President’s List of Approved Dispute Adjudicators. FIDIC reserves the right to reject appointment request if the request cannot be accommodated and this decision is final.

4.4. When selecting a prospective appointee, FIDIC will take the following into account: • Experience and knowledge in the type of works or services under the Parties’ contract; • Knowledge and experience in the interpretation of construction and engineering contracts; • language fluency; • any other requirements of the contract it may deem appropriate.

4.5. FIDIC will consider the prospective appointee’s further attributes, including but not limited to nationality, place of residence and qualifications and will take reasonable efforts to select a suitable candidate.

4.6. Notwithstanding any criteria for the selection of a person, FIDIC will only select someone who is currently on the President’s List of Approved Adjudicators and shall have the right to appoint the person of their choosing regardless of any selection criteria expressed in the contract or otherwise.

4.7. FIDIC often receives representations from one or both Parties as to selecting a certain individual or individuals. FIDIC always considers each case on its own merits and will not be bound by any representation made. Neither will FIDIC be bound to make appointment from the list of potential members agreed by the Parties under the contract or otherwise.

4.8. FIDIC acting independently of the Parties will take reasonable steps to enquire that the prospective appointee is available to carry out its duties under the contract and is free from any conflict of interest. FIDIC will discharge this duty by requesting each appointee to sign a written statement of acceptance, independence, impartiality, and availability prior to undertaking any appointment. This written statement, along with any disclosures made by the prospective appointee, will be sent to the Parties, also for the attention of the other members (if any).