Jurisdiction(s):
United Kingdom

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Key definition

Dispute board definition

What does Dispute board mean? A dispute board is a panel appointed under a construction contract to help avoid and resolve project disputes by issuing recommendations or decisions on matters referred by the parties. It is a contractual mechanism (not defined by legislation), with its powers, procedures and the effect of its outcomes set out in the relevant contract, commonly standard forms such as fidic. Two main models are used: - Dispute review board (DRB): gives non‑binding recommendations. - Dispute adjudication board (DAB) and, in newer FIDIC forms, dispute avoidance/adjudication board (DAAB): issues decisions that are contractually binding, often on an interim “binding unless and until...

Dispute boards under FIDIC, NEC4 and JCT: operation, dispute avoidance and adjudication, interface with the HGCRA 1996, and use on major projects

Published by a LexisNexis Construction expert

Practice notes

Dispute boards first appeared on US infrastructure schemes, before being taken up in FIDIC contracts and on ventures backed by the World Bank and other Development Banks. The NEC4 Engineering and Construction Contract, issued in June 2017, includes optional provisions for dispute boards. This Practice Note reviews their role across these contract suites and looks at how they are deployed on UK projects.

FIDIC contracts

Among standard forms, FIDIC is arguably the best-known user of dispute boards as a core element of its Dispute resolution process. Their use was introduced by the 1996 Supplement to the fourth edition of the Red Book, which, when adopted, replaced clause 67—the dispute resolution clause. In its original guise, clause 67 directed Disputes to the Engineer for a decision; if either party remained dissatisfied, the sole recourse was arbitration. This arrangement drew particular criticism from contractors. Although the Engineer was, in theory, to act in a quasi‑independent capacity when determining disputes, in practice the Engineer functioned as the Employer’s agent...

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Web page updated on 21/05/2026

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