Chapter 18 Dispute Resolution Boards

Some contracts establish a Dispute Resolution Board or Dispute Review Board (DRB) which consists of independent technical experts jointly selected by the parties. When a dispute is not resolved by negotiation, it may be referred to the DRB which is required to present a recommendation concerning that dispute within a short period of time. That recommendation may be non-binding. Alternatively, recommendations of the DRB may be binding in certain circumstances.

DRBs can take many forms but are generally established at the outset of a project, and the members of the DRB are required to maintain a level of knowledge of the project. In those circumstances, if a dispute arises, the DRB has an understanding of the issues giving rise to the dispute.

DRBs aim to achieve speedy resolution of disputes and to avoid the cost of the engagement of consultants and lawyers, as well as freeing the parties to focus on project