2 minute read
Consultation with the Parties .........................................................................................................3
2. Filing a request
2.1. A request for FIDIC President to appoint a member, or members of a Dispute Adjudication
Board (DAB), a Dispute Board (DB), or a Dispute Avoidance/Adjudication Board (DAAB), or an
Adjudicator as the case may be, must be submitted to FIDIC Secretariat in the English language by completing a request form on the FIDIC website.
2.2. A request for appointment can be made by either or both parties to the contract.
2.3. Details to be provided to FIDIC include: • details of the project, full contact details of both Parties, their representatives and the Engineer including postal addresses, email addresses and telephone number; • evidence that there is a FIDIC contract between the Parties (contract based on FIDIC standard form of contract or bespoke contract under licence from FIDIC); • evidence of the Parties’ agreement that provides for a DAB or a DB or a DAAB or an Adjudicator, as the case may be; • evidence of the Parties’ agreement that FIDIC or the President of FIDIC is named as appointing entity or official in the contract; • evidence that the pre-conditions set out in the contract have been met. This may, depending on the FIDIC Contract used, include the evidence, that the Parties have: − failed to agree (or a Party has failed to select) a member or members of the DAB or DB or DAAB, or failed to agree it’s replacement; or − failed to agree the Adjudicator, or have failed to agree the replacement member; or − the appointment cannot be effected because one Party refuses or fails to sign a DAAB Agreement with any agreed member or replacement. • area of Works or Services under the Parties’ contract, location of the project, ruling and communication language(s), governing law of the contract; • brief details of the nature and value of the dispute, and of the issues in dispute where a dispute has already arisen; • contractually specified and/or desired criteria for the person/s to be appointed; • evidence that the fee for the requested appointment has been paid;
2.4. FIDIC may request missing or additional information.
3. Consultation with the Parties
3.1. Prior to making an appointment, FIDIC will consult with the parties to the Contract.
3.2. Consultation may take place prior to the selection of potential appointee/s or after selecting a potential appointee or at both stages.