II. The
adop>on
of
dispute
boards
in
Abu
Dhabi
III. Current
use
of
dispute
boards
in
the
UAE
IV. Local
views
on
Dispute
boards
V. Conclusions
I.
FIDIC
forms
and
dispute
boards
in
the
UAE
I.1
Use
of
FIDIC
standard
forms
• FIDIC’s
standard
forms
of
contract
have
widely
been
used
for
some
>me
in
the
UAE
• Standard
forms
were
normally
heavily
modified
to
shiH
risk
contractors
• Although
his
authority
to
approve
changes
to
contract
price
and
program
was
oHen
curtailed,
the
engineer
was
s>ll
tasked
with
rendering
decisions
I.
FIDIC
forms
and
dispute
boards
in
the
UAE
I.1
Use
of
FIDIC
standard
forms
• When
dispute
boards
were
introduced
with
the
FIDIC
1999
standard
forms,
the
provision
was
nearly
always
removed
form
the
contracts
offered
to
tenderers
• The
result
was
a
contract
that
made
arbitra>on
the
only
independent
means
of
dispute
resolu>on
II.
The
Abu
Dhabi
adop-on
of
dispute
boards
II.
1
Evolu>on
of
dispute
boards
in
Abu
Dhabi
• Abu
Dhabi
government
decided
to
prepare
new
standard
forms
of
contract
for
use
on
government
projects
• Under
license
of
FIDIC,
build
only
and
design
&
build
contract
forms
were
developed
using
the
FIDIC
1999
standard
forms
• The
government
sought
extensive
input
of
local
en>>es
including
governmental
departments,
consultants
and
contractors
II.
The
Abu
Dhabi
adop-on
of
dispute
boards
II.
1
Evolu>on
of
dispute
boards
in
Abu
Dhabi
• Abu
Dhabi
government
decided
to
prepare
new
standard
forms
of
contract
for
use
on
government
projects
• Under
license
of
FIDIC,
build
only
and
design
&
build
contract
forms
were
developed
using
the
FIDIC
1999
standard
forms
• The
government
sought
extensive
input
of
local
en>>es
including
governmental
departments,
consultants
and
contractors
II.
The
Abu
Dhabi
adop-on
of
dispute
boards
II.
1
Evolu>on
of
dispute
boards
in
Abu
Dhabi
• The
role
of
engineer
and
use
of
dispute
adjudica>on
boards
was
discussed
in
detail
• The
build
only
contract
was
published
and
put
into
use
in
late
2006
II.
The
Abu
Dhabi
adop-on
of
dispute
boards
II.
2
Dispute
provisions
of
Abu
Dhabi
new
standard
form
v The
Abu
Dhabi
standard
form
build
only
provisions
are
derived
from
to
the
standard
FIDIC
1999
Red
Book
v The
dispute
provisions
appear
in
Clause
20
v Notable
differences
are:
C1
20.1
–
Contractor’s
claims
• In
ADH
form
the
employer
handles
claims
instead
of
the
engineer
• This
change
reflects
perhaps
the
reality
of
claims
nego>a>on
II.
The
Abu
Dhabi
adop-on
of
dispute
boards
II.
2
Dispute
provisions
of
Abu
Dhabi
new
standard
form
Cl
20.2
–
Appointment
of
the
dispute
adjudica>on
board
• DAB
not
appointed
un>l
aHer
dispute
arises
• DAB
does
not
perform
its
tradi>onal
role
of
preven>ng
disagreements
escala>ng
into
formal
disputes
II.
The
Abu
Dhabi
adop-on
of
dispute
boards
II.
2
Dispute
provisions
of
Abu
Dhabi
new
standard
form
• DAB
has
only
42
days
instead
of
84
• Period
can
be
extended
as
proposed
by
DAB
and
approved
by
the
par>es
II.
The
Abu
Dhabi
adop-on
of
dispute
boards
II.
2
Dispute
provisions
of
Abu
Dhabi
new
standard
form
Where
a
party
does
not
accept
the
board’s
decision
C120.5
–
Amicable
se`lement
• The
Abu
Dhabi
form
incorporates
addi>onal
wording
to
involve
senior
representa>ves
of
the
par>es
into
the
dispute
• This
encourages
dialog
by
par>es
without
previous
involvement
in
the
dispute
and
capable
of
giving
it
a
fresh
look
II.
The
Abu
Dhabi
adop-on
of
dispute
boards
II.
2
Dispute
provisions
of
Abu
Dhabi
new
standard
form
C1
20.6
–
Dispute
resolu>on
procedure
• Added
to
this
clause
is
a
paragraph
that
complements
C120.5.
it
provides
a
further
30
day
cooling
off
period,
requires
independent
management
review
and
reinforces
the
obliga>on
to
appoint
senior
representa>ves
to
try
and
resolve
any
dispute
rather
than
resort
t
arbitra>on
III.
Current
use
of
dispute
boards
in
the
UAE
and
how
are
dispute
boards
being
used
in
the
Where
UAE?
v Contracts,
including
their
the
dispute
resolu>on
process,
are
confiden>al;
therefore
detailed
public
informa>on
is
limited
v Most
informa>on
is
exchanged
informally
v A
recent
presenta>on
in
Abu
Dhabi
introduced
experience
on
two
ongoing
projects
in
Abu
Dhabi
• An
educa>onal
facility
project
using
Ad
Hoc
Boards
• Larger
development
project
with
a
standing
board
III.
Current
use
of
dispute
boards
in
the
UAE
1. Educa>onal
facility
project
–
Ad
Hoc
Disputes
presented
to
the
board:
30
Board
decisions
taken
to
arbitra>on:
0
2. Mul>-‐billion
dirham
development
project
–
standing
board
disputes
presented
to
the
board:
4full
hearings
(2pending
submissions)
Board
decisions
taken
to
arbitra>on:
0
III.
Current
use
of
dispute
boards
in
the
UAE
DAB
are
also
being
used
in
other
Emirates
• Large
building
project
in
Dubai
with
standing
board
appointed
aHer
first
dispute
Disputes
presented
to
the
board:
10
Board
decisions
taken
to
arbitra>on:
0
IV.
Local
views
on
Dispute
boards
How
is
the
introduc>on
of
dispute
boards
being
received?
General
concerns
have
been
voiced:
1. Employers/engineers/contractors
not
familiar
with
concept
2. The
unknown
is
approached
with
cau>on
3. Worry
of
engineer
failing
to
properly
manage
claims
and
passing
issues
to
the
board
4. Concern
that
>me
will
be
wasted
geing
resolu>on
from
the
board
5. Just
another
hurdle
before
arbitra>on
IV.
Local
views
on
Dispute
boards
How
is
the
introduc>on
of
dispute
boards
being
received?
Further
nega>ve
views
have
been
voiced
in
the
press:
1. Collabora>ve
methods
have
not
worked
in
the
UAE
2. Disputes
boards
will
not
work
in
prac>ce
3. Dispute
board
decisions
cannot
be
enforced
4. Cost
of
maintaining
a
dispute
board
will
be
excessive
IV.
Local
views
on
Dispute
boards
Is
all
this
nega>vity
warranted?
Thankfully
“NO”.
1. Posi>ve
input
and
feedback
of
engineers/ contractors
when
Abu
Dhabi
Municipality
adopted
requirement
of
dispute
boards
indicates
buy-‐in
2. Contractors
welcome
truly
independent
claim/ dispute
evalua>on
3. Speedy
resolu>on
allows
par>es
to
concentrate
on
project
progress
IV.
Local
views
on
Dispute
boards
Is
all
t
his
nega>vity
warranted?
4. Having
no
major
disputes
at
the
end
of
project
construc>on
frees
up
resources
for
the
next
project
and
saves
all
par>es
staff
and
overhead
costs
5. Actual
DAB
use
in
Abu
Dhabi
shows
acceptance
of
board
decisions
and
arbitra>on
avoidance
IV.
Local
views
on
Dispute
boards
What
about
the
nega>vity
voiced?
1. Lack
of
familiarity
with
DABs
can
to
overcome
with
advice
as
is
already
provided
by
legal
and
claim
consultants
regarding
arbitra>on
2. Engineers
will
con>nue
to
exercise
their
professional
judgment
in
evalua>on
of
contractor
claims
as
they
do
now
3. Speedy
process
will
actually
reduce
project
legal
and
consultant
costs
4. Experience
shows
that
DAB
decisions
are
usually
accepted
by
the
par>es
and
only
extremely
rarely
overturned
by
an
arbitral
tribunal
V.
Conclusions
1. DABs
have
a
proven
interna>onal
track
record
in
>mely
resolu>on
of
disputes
and
avoiding
arbitra>on,
thereby
saving
project
costs
and
maintaining
amicable
commercial
rela>ons
2. DABs
on
projects
in
the
emirates
are
demonstra>ng
DAB
use
is
viable
in
the
UAE
3. Although
there
is
skep>cism
and
reluctance
of
some
to
the
use
of
DABs,
this
may
be
because
of
vested
interests
or
reluctance
to
accept
change
to
status
quo
V.
Conclusions
4. Confidence
in
the
procurement
process
will
be
supported
by
the
inclusion
of
DABs
in
large,
especially
interna>onal,
construc>on
contracts
like
then
capital
projects
that
make
up
Abu
Dhabi’s
2030
plan
5. DABs
are
here
and
employers,
engineers
and
consultants,
as
well
as
contractors
need
to
be
made
aware
of
how
to
effec>vely
use
DABs
to
avoid
arbitra>on
• Prepared
by
Dr.
Imad
Al
Jamal.
• Phone:
+971
50
6228783
• Fax:
+971
4
3855699
• Email:
imad53pn@hotmail.com
imad53@eim.ae
imad53pn@yahoo.com
imad.aljamal@idraac.com
• Website:
www.idraac.com
• Prior
permission
in
wri8ng
must
be
obtained
before
publishing
of
all
or
any
part
of
the
above
ar8cle
by
any
method
of
adver8sing
or
publica8on
and
under
any
circumstances.