Course Details

Dispute Avoidance and Adjudication Boards (DAAB) in FIDIC Training Course

INTRODUCTION

This essential training course provides comprehensive knowledge and practical skills for effectively understanding and utilizing Dispute Avoidance and Adjudication Boards (DAABs) in FIDIC Contracts. Recognizing the shift in the 2017 FIDIC Suite towards proactive dispute avoidance and continuous adjudication, the DAAB plays a crucial role in preventing disputes from escalating to costly arbitration. This program equips participants with a systematic understanding of the DAAB's mandate, appointment process, operational procedures, and its critical function in providing binding decisions that maintain project momentum. Participants will gain deep insights into referring matters to the DAAB, preparing compelling submissions, and understanding the enforceability of its decisions, all crucial for achieving efficient and timely resolution of disagreements on complex projects.

This course is designed for project owners, contractors, engineers, and legal professionals who need to navigate the nuances of dispute resolution in FIDIC contracts. It empowers participants to leverage the DAAB mechanism effectively, fostering a culture of early problem-solving and preventing disputes from derailing project progress, thereby saving significant time and resources.

DURATION

10 days

TARGET AUDIENCE

This course is specifically designed for professionals involved in managing and resolving disputes under FIDIC contracts, with a particular focus on the DAAB mechanism, including:

• Project Managers and Directors.
• Contract Managers and Administrators.
• Commercial Managers and Quantity Surveyors.
• Legal Counsel and Claims Specialists.
• Potential DAAB Members or those interacting with DAABs.

OBJECTIVES

Upon completion of this course, participants will be able to:

• Understand the evolution and philosophy of DAABs in FIDIC 2017.
• Master the appointment and operational procedures of a DAAB.
• Effectively refer disputes to the DAAB and present a compelling case.
• Understand the binding nature and enforceability of DAAB decisions.
• Leverage the DAAB's role in dispute avoidance for proactive problem-solving.

MODULES

Module 1: Evolution from DAB to DAAB: A Paradigm Shift

• Understand the concept of Dispute Adjudication Boards (DABs) in FIDIC 1999.
• Explore the reasons and rationale behind the transition to Dispute Avoidance/Adjudication Boards (DAABs) in FIDIC 2017.
• Discuss the enhanced "dispute avoidance" mandate of the DAAB.
• Examine the philosophical shift towards continuous oversight and proactive engagement.
• Learn about the benefits of a standing DAAB throughout the project lifecycle.

Module 2: Constitution and Appointment of the DAAB

• Understand the composition of the DAAB (sole member or three members).
• Discuss the criteria for appointing DAAB members (impartiality, expertise, availability).
• Explore the appointment process and the roles of the Parties and the Appointing Entity.
• Examine the terms of the DAAB Agreement and its significance.
• Learn about procedures for replacement, resignation, and termination of DAAB members.

Module 3: DAAB's Role in Dispute Avoidance (New in 2017)

• Understand the DAAB's proactive responsibility to assist the Parties in avoiding disputes.
• Discuss the mechanisms for informal discussions, meetings, and non-binding opinions by the DAAB.
• Explore how early engagement with the DAAB can prevent escalation of disagreements.
• Examine the distinction between dispute avoidance activities and formal adjudication.
• Learn about fostering a collaborative relationship with the DAAB.

Module 4: Referral of Disputes to the DAAB

• Understand what constitutes a "Dispute" under FIDIC for DAAB referral.
• Discuss the notification requirements for referring a dispute to the DAAB.
• Explore the process for preparing a Statement of Dispute by the referring Party.
• Examine the other Party's obligation to submit a Response to the Statement of Dispute.
• Learn about managing evidence and arguments for DAAB proceedings.

Module 5: DAAB Proceedings and Decision-Making

• Understand the procedural rules governing DAAB proceedings.
• Discuss the DAAB's power to request further information, conduct site visits, and hold hearings.
• Explore the importance of contemporaneous records and detailed submissions.
• Examine the DAAB's duty to act impartially and fairly when making a decision.
• Learn about the timelines for the DAAB to issue its Decision.

Module 6: The DAAB Decision: Binding Nature and Effect

• Understand that the DAAB's Decision is binding on both Parties immediately.
• Discuss the obligation of both Parties to "promptly give effect" to the Decision.
• Explore the consequences of non-compliance with a DAAB Decision.
• Examine the limited grounds for challenging a DAAB Decision.
• Learn about the impact of a DAAB Decision on project progress and cash flow.

Module 7: Challenging a DAAB Decision

• Understand the process of issuing a Notice of Dissatisfaction (NOD) with a DAAB Decision.
• Discuss the strict time limits for issuing an NOD.
• Explore the requirement for amicable settlement negotiations after an NOD.
• Examine the grounds on which a DAAB Decision can be referred to arbitration.
• Learn about the interplay between the DAAB Decision and subsequent arbitration proceedings.

Module 8: Strategic Use of the DAAB and Best Practices

• Understand how to strategically leverage the DAAB for effective dispute resolution.
• Discuss best practices for preparing and presenting strong DAAB submissions.
• Explore the importance of early engagement with the DAAB for dispute avoidance.
• Examine the financial implications of DAAB proceedings versus arbitration.
• Learn about fostering a project culture that utilizes the DAAB effectively for problem-solving rather than just adjudication.

• CERTIFICATION
• Upon successful completion of this training, participants will be issued with a Macskills Training and Development Institute Certificate
• TRAINING VENUE
• Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.
• AIRPORT PICK UP AND ACCOMMODATION
• Airport pick up and accommodation is arranged upon request
• TERMS OF PAYMENT
• Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com