In early May 2021, the JCT, in conjunction with the Chartered Institute of Arbitrators (CIArb), released its anticipated Dispute Adjudication Board Documentation 2021 (the “DAB Documentation”). It is intended to work with the JCT 2016 Design and Build Contract (DB) and the JCT Major Project Construction Contract (MP). The current customer base for these forms are principally domestic private developers.
In introducing the DAB Documentation, the JCT is encouraging the use of Dispute Boards, particularly in the UK, by providing a proactive mechanism to assist the parties to avoid disputes during the project and by reducing the scope for the adoption of adversarial positions on issues which would likely lead to a referral to adjudication, or a need for subsequent arbitration or litigation.
Currently, public works in England and Wales are procured using the NEC forms, which are in their fourth iteration. International contracts are more likely to be FIDIC based or some hazardous bespoke variation of either the NEC or FIDIC forms. Both forms have their own dispute avoidance and dispute management regimes. Until now, the JCT had no similar offering. . .
You can read Karen Gough’s full post on our Commercial, Construction and International Arbitration Blog here.