Dispute boards are an integral part of many international construction and energy projects. Whether established at the outset of a contract (as is required by the FIDIC forms) or as and when needed when disputes arise, the dispute board is on hand not only to assist in dispute avoidance but to determine disputes pre-arbitration or litigation. They are one to three-person boards, typically with a mix of disciplines from the sector.

The decisions of a dispute board are binding unless and until decided otherwise by agreement or arbitration. 

Increasingly, there is an emphasis on the dispute avoidance role of a dispute board. This can involve providing ‘informal assistance’ where an issue has arisen or in discussions at regular site meetings (which usually take place two to three times a year).

Our barristers act as dispute board members and chairs and advise and represent parties in dispute board referrals.

We act as dispute board members and chairs as well as represent parties on these across the Middle East and North Africa (MENA) region, South East Asia and Europe in a variety of forms of contract and governing laws.