Dispute Boards

Dispute boards are independent and impartial bodies established to address and resolve conflicts that may arise during the course of a project or contractual relationship. Comprising qualified and experienced professionals with expertise in the relevant technical field, dispute boards offer a proactive approach to dispute resolution. Their primary purpose is to provide timely and efficient resolution of disputes, avoiding costly and time-consuming litigation or arbitration.

Parties involved in a project or contract often agree to submit disputes to the dispute board, granting the board the authority to make impartial decisions and recommendations to resolve issues swiftly. The decisions of dispute boards are non-binding but serve as valuable input to facilitate amicable settlement discussions between the parties. Dispute boards play a vital role in enhancing project management, fostering cooperation, and maintaining positive relationships among parties involved in complex undertakings.

  • When initiating the dispute board procedure, the interested party may send a notice of intention to the other party, outlining the dispute's summary, claims, and relief sought. Preferably, the notice should also propose the nomination of board members if the dispute board is not yet established.
  • The appointment of dispute board members is done through mutual agreement between the parties. In case of disagreement, a third-party expert panel or institution can be engaged for the selection. Typically, dispute boards consist of one or three independent professionals with technical expertise in the project field.
  • Precise issues that require resolution must be determined and referred to the dispute board. The scope of the dispute is critical since the board's jurisdiction is limited to the agreed-upon matters.
  • Unlike international arbitration, dispute boards are not governed by legislative acts. Consequently, parties must explicitly outline the procedures for board member appointments and defining their powers, as no default procedures exist.
  • Dispute board members have significant authority, including determining facts, interpreting the law, requesting additional information, conducting site inspections, and ruling on time extensions.
  • To prevent procedural disputes and ensure efficiency, ad hoc dispute board contracts should have flexible yet specific language tailored to the parties' needs.
  • Many disputes related to dispute boards stem from poorly drafted agreements. To mitigate this risk, adopting standard institutional rules can be a prudent approach.

To register a new case, please send your application to info@tccadr.org or click the form below.

TCC Model Dispute Boards Clause:

Any dispute or difference arising out of or in connection with this contract shall be referred to a Dispute Board ('the Board') for resolution. The Board shall consist of [insert number] independent and impartial experts, possessing relevant qualifications and experience in the technical field of the project. The parties agree to appoint the Board members promptly after the dispute arises. The members of The Board shall be appointed from the panel of TCC ADR Centre. The Board's decision shall be final, conclusive, and binding on both parties, who shall implement the resolution without delay. The Board shall conduct its proceedings in accordance with the rules and procedures specified in the 'Dispute Boards Rules' of TCC ADR Centre. The costs of the Board, including its members' fees and expenses, shall be borne equally by the parties unless the Board directs otherwise in its decision.

Payment of fees and costs could be made by bank transfer at the following details:

Account TCC ADR Centre
Bank Bank Al-Falah Limited, DHA Phase V Branch, Lahore, Pakistan
Account number 09601008103213
IBAN PK96ALFH0960001008103213
Currency PKR

Note:

It is important to include the name of the payer and, if applicable, the case reference to the payment for its prompt and accurate crediting. A copy of the proof of payment should be provided, so that the respective transfer is located in the TCC’s accounts.

All payments must be free of any charges that may occur at the sending and/or receiving bank. TCC shall bear no responsibility with regards to any currency conversions that might be applied by the sending and/or the receiving bank or to any currency fluctuations, which might overall affect the payment of fees and costs.

info@tccadr.org

Request for Dispute Board Member

We agree that we will abide by and perform any award rendered hereunder and that a judgment may be entered on the award

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