Unpacking the Adjudication Procedure in the 1999 FIDIC Forms of Contract

Abstract

This paper examines the Dispute Adjudication Board (DAB) mechanism in the 1999 FIDIC Forms of Contract, highlighting its role in resolving construction disputes efficiently. The research explores the legal framework, jurisdiction, and procedural aspects of the DAB, emphasising the distinctions between standing and ad hoc DABs. A key focus is on Subclause 20.4, which governs dispute referral and decision-making processes, ensuring contractual compliance while maintaining project continuity. Additionally, the study analyses jurisdictional challenges in defining disputes and the enforceability of DAB decisions under international construction law. By examining case law and industry practices, this research provides valuable insights for contractors, legal professionals, and project managers on optimising dispute resolution within FIDIC contracts.