FIDIC / Legal Reference: FIDIC Red Book Clause 20.2-20.8 (1999) / Clause 21 (2017)
An independent panel appointed at the start of a FIDIC project to visit the site and make binding decisions on disputes referred to them. DAB decisions are immediately binding and must be complied with pending arbitration — the ‘pay now, argue later’ principle.
What it means in practice
Under the FIDIC 1999 Red Book, either party may refer a dispute to the DAB at any time after the Engineer’s determination. The DAB has 84 days to issue its decision. The decision is immediately binding — both parties must comply even if they intend to challenge it in arbitration.
The 2017 edition upgraded the DAB to a DAAB (Dispute Avoidance and Adjudication Board) with an explicit avoidance function — the DAAB visits the site regularly and may issue informal opinions to help parties resolve issues before they escalate to formal disputes.
Where disputes arise
The most common DAB dispute is the employer’s failure to comply with a DAB decision pending arbitration. The contractor’s remedy is to refer the non-compliance directly to arbitration as a separate breach — without waiting for the main arbitration to run its course.
UAE Context
In UAE projects, DABs are often omitted from contracts or constituted only when a dispute has already arisen — which defeats the purpose of early dispute avoidance. DIAC’s 2022 Rules provide expedited arbitration as an alternative fast-track mechanism.
Related terms
e-Basel acts as an independent DAB/DAAB member and provides advisory support for parties involved in DAB proceedings across UAE construction projects.
Construction Arbitrator UAE →Search terms: dispute adjudication board FIDIC · DAB construction UAE · DAAB FIDIC 2017 · FIDIC dispute resolution · construction adjudication UAE
