Operation of the Dispute Board

Before commencing DB activities, every DB member must sign a DB Member Agreement with all of the parties (Article 10).

ICC proposes a Model Dispute Board Member Agreement.

The parties and the DB are required to cooperate with each other to ensure that the DB becomes fully informed about the contract and the parties’ performance thereof as soon as possible (Article 11).

At the beginning of its activities the DB establishes a schedule of meetings and, if relevant to the contract, site visits. It does so in consultation with the parties (Article 12).

The proceedings before the DB are governed by the ICC DB Rules and, where the Rules are silent, by any rules which the parties or, failing them, the DB may settle on (Article 15).

The DB informally assists the parties, if they so desire, in resolving any disagreements that may arise during the performance of the contract and it makes Recommendations or Decisions regarding disputes referred to it by the parties (Articles 16 and 17). Unless otherwise agreed, a hearing is held before a Recommendation or Decision is made. The Recommendation or the Decision is issued promptly and, in any event, unless an extension is agreed, within 90 days of the Date of Commencement as defined in Article 17(2) of the Rules.

Decisions of DABs or CDBs can be reviewed as to form by the ICC Dispute Board Centre if so agreed by the parties (Article 21).