The Technology and Construction Court (TCC) decision in Darchem Engineering Limited v Bouygues Travaux Publics and another provides important guidance on adjudication jurisdiction in the context of joint venture...
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Druces for Business
Dispute Boards
Druces for Business
Dispute Boards
A dispute resolution board is an independent panel of impartial professionals which provides guidance to resolve problems with an active construction project.
Druces provides a specialist dispute board service which is tailored to your case and our team includes a member of the Dispute Resolution Board Foundation. We can advise you on everything from the correct drafting of your contract at the outset, through to the process and preparation required for a claim (if you are working on a project which is already heading towards a dispute).
Dispute Boards are generally associated with major infrastructure projects. They come in various forms but will generally comprise of three individuals who will be assigned to a project and retained to follow that project through to completion. As with other forms of Alternative Dispute Resolution (ADR) or Early Dispute Resolution, these neutral board members are chosen by the parties.
The Dispute Board may consist of, for example, an engineer, an architect and lawyer. As a standing dispute board, they will meet, perhaps quarterly and ‘walk the project.’ They will then convene to resolve disputes between the employer and the contractor and between the main contractor and the range of sub-contractors. This is achieved through a mix of conciliation, recommendation and ultimately adjudication. Their decisions may be advisory or contractually binding, pending further court proceedings or arbitral tribunal.
Dispute Boards may also be constituted on an ad hoc basis, as and when a dispute arises. There are various sets of Dispute Board rules, including those of the ICC, and we are familiar with all widely used rules.
We work closely with consultants and other experts who can advise you on the related financial and technical issues in preparing your claim. We also work with our network of overseas lawyers to ensure that we can help you resolve your dispute wherever it has arisen.
Who to Contact
Richard Bailey
Partner
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