Dispute Resolution
Proactive dispute avoidance and resolution through standing and ad hoc dispute boards for major construction and infrastructure projects.
What are Dispute Boards?
Dispute boards are established by parties to construction contracts to help avoid and resolve disagreements during the course of construction works. They provide real-time, ongoing involvement by experienced practitioners who develop familiarity with the project and its dynamics. Unlike reactive dispute resolution mechanisms that are only triggered when disagreements crystallise, dispute boards are designed to prevent disputes from arising in the first instance through early intervention and continuous engagement.
There are three main types of dispute boards. Dispute Adjudication Boards, or DABs, render binding decisions on disputes that parties refer to them. Dispute Review Boards, or DRBs, provide non-binding recommendations and advice on contested matters. Combined Dispute Boards incorporate elements of both approaches, allowing parties flexibility in determining which matters receive binding adjudication and which are addressed through non-binding recommendation. Regardless of the type selected, all dispute boards operate on the principle of preventing disputes from escalating through early, expert engagement with the project and its stakeholders.
Early Intervention
Dispute boards provide early intervention and continuous engagement throughout the contract administration period. Rather than waiting for disputes to formalise and escalate, dispute boards conduct regular site visits, typically every seventy days, to maintain direct engagement with the project team and observe conditions as they develop. This regular presence allows board members to understand project context, identify emerging issues and provide guidance before disagreements become entrenched. The continuity and familiarity developed through ongoing engagement enables dispute boards to prevent disputes from crystallising into formal claims or contentious positions, thereby preserving relationships between parties and maintaining project momentum.
Continuous Engagement
By establishing a dispute board before disputes arise, parties gain the benefit of expert guidance and early intervention. Board members become familiar with the project, the parties, contractual terms, and technical issues. This familiarity enables early identification of potential disputes and timely recommendations to prevent escalation.
The effectiveness of dispute boards lies in their proactive approach. Continuous presence on site and regular engagement with project participants creates opportunities for parties to address concerns and resolve disagreements before they become formal disputes requiring formal determination.
Dispute Board Models
Dispute boards may operate on either a standing or ad hoc basis depending on the needs of the project and parties. Standing dispute boards provide continuous involvement throughout the contract period, with members maintaining regular engagement from contract commencement through project completion. Ad hoc dispute boards are convened only when specific disputes arise, offering cost efficiency for projects where continuous engagement is not required.
Established at project commencement and maintained throughout the contract period, standing dispute boards provide continuous involvement and regular site visits. Members develop deep familiarity with the project, the parties and emerging technical issues. This ongoing engagement prevents disputes from crystallising and enables early resolution of disagreements as they arise.
Convened for specific disputes as they emerge during the contract period, ad hoc dispute boards provide a cost-effective alternative for projects that do not require continuous standing involvement. This model is suitable for projects where disputes are expected to be infrequent or where parties prefer to establish formal dispute resolution procedures only when necessary.
Dispute boards are integral to many standard form contracts, particularly FIDIC conditions used extensively in international construction. We are familiar with FIDIC Dispute Adjudication and Dispute Avoidance Board provisions and have experience administering dispute boards under these widely recognised contractual frameworks.
Proceedings administered under established institutional rules ensure formal nomination and appointment procedures. This institutional framework provides clear procedures for proceedings, ensures the independence and impartiality of board members, and provides parties with confidence in the integrity and fairness of the dispute resolution process.
Expertise and Scope
Our dispute board services draw on more than twenty years of experience in construction, infrastructure and engineering disputes. We understand the technical, contractual and commercial complexities that arise during construction and are well positioned to provide the guidance and direction necessary to resolve disputes through the dispute board process.
Dispute boards are particularly valuable on long-duration infrastructure projects where early intervention prevents disputes from escalating. Our experience includes major rail, road, water and energy infrastructure projects where dispute board involvement has been instrumental in preventing formal disputes and enabling projects to proceed efficiently. We understand the unique challenges of major infrastructure delivery and the critical importance of early dispute prevention.
Our dispute board services are available across Australia, Asia and the United Kingdom. We have experience administering dispute boards across multiple jurisdictions and under various contract forms including FIDIC, Australian Standard Forms and locally adopted variations. This international experience enables us to understand different contractual approaches, procedural requirements and local practices relevant to dispute boards in different regions.
All dispute board members are subject to strict independence requirements and must comply with applicable codes of professional conduct. We ensure that dispute board proceedings maintain the highest standards of impartiality and procedural fairness, providing parties with confidence in the integrity of the process and the decisions rendered by the board.
