Dispute Resolution Board (DRB)

DRBs are usually appointed at the commencement of a project and may comprise one or more members. The members stay in touch with the project by receiving regular reports and copies of correspondence that are, or may turn out to be, contentions. The purpose of the DRB is to have experts familiar with the project available to assist in resolving issues quickly so that project management is not unduly distracted by the resolution process and damage to the parties' relationships is minimised.

DRBs are increasingly used on major projects such as the UK Olympic Games projects, large international projects and term agreements. The rules under which a DRB functions will vary and the scope of the mandate can be varied with the parties' agreement: It may have authority to give contractual opinion and it may perhaps mediate upon disputes and differences referred to it. Most DRBs have the authority to adjudicate references to them. At all times, the DRB members are expected to act in a fair and impartial manner.

DRBs have had a great deal of success in reducing the cost and pain of dispute resolution by working with the parties and tackling issues before adversarial dogma overtakes pragmatism. DRBs are ideally suited to NEC and partnering contracts but should be considered for all forms of contract for major projects.

 


Peter Sanders :: 14 Gilwern Close, Abbots Park, Chester, CH1 4AP
:: tel +44 (0)1244 371120 :: fax +44 (0)870 005 3046 :: email mail@peterwsanders.co.uk