International Construction Law Review
THE ICC’S NEW DISPUTE BOARD RULES
CARROLL S DORGAN
Jones Day, Paris
I. INTRODUCTION
In recent years, the inventory of alternative dispute resolution (“ADR”) techniques has been enriched by the use of dispute review (or adjudication) boards.1
The International Chamber of Commerce (“ICC”) has now issued its new Dispute Board Rules (“DB Rules”), in force as from 1 September 2004.2
This article first reviews the background and comments upon certain general principles and issues that arise in connection with dispute boards. The article then summarises the salient features of the ICC’s DB Rules and concludes with a few comments about these rules.
II. BACKGROUND
Introducing its DB Rules, the ICC describes dispute boards as follows:
“Dispute Boards (DBs) are independent bodies normally set up at the outset of a contract and which remain in place for its duration. Comprising one or three members thoroughly acquainted with the contract, DBs can help parties resolve their disagreements and disputes by providing informal assistance and by issuing recommendations or decisions.”
The modern development of dispute boards began in the United States in the 1960s, where they were used successfully on major civil engineering projects (dams, underground construction, etc.). Dispute boards were subsequently used with success in international projects. In 1989, the American Society of Civil Engineers (“ASCE”) published a standard dispute review board (“DRB”) specification that had been prepared by the Technical Committee on Contracting Practices of the Underground Technology Research Council. The ASCE published a revised DRB specification in 1991. A Construction Dispute Review Board Manual was published in 1996.
In the United Kingdom, beginning in the 1970s, parties to construction projects developed a procedure known as adjudication, in which disputes
1 For a recent, analytical discussion of dispute boards, see Christopher Dering, “Dispute Boards: It’s Time to Move On” [2004] ICLR 438. Mr Dering cites other articles on dispute boards that have been published in this Review
, ibid
. at p. 438, n. 1.
2 The Chairman of the ICC Task Group on Dispute Boards, Pierre Genton, explained the ICC’s reasons for publishing the DB Rules and discussed the DB Rules in his article, “Le nouveau Règlement CCI sur les ‘Dispute Boards’”, Les Cahiers de l’Arbitrage
, No 2004/2—1re partie, published in Gazette du Palais
, 3–4 December 2004, pp. 36–41.
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