" Dispute Boards are very useful tools brought to the market place to keep construction projects on the right track. Today its efficiency should encourage its use to be extended to also solve social and envionmental issues"

1. ICC/FIDIC Conference – Istanbul, Turkey, 29-30 March 2016
FIDIC & Dispute boards
François Baillon
FIDIC Commercial director

2. Representing 1.5 million CE professionals in 100 countries
ICC/FIDIC Conference – Istanbul, Turkey, 29-30 March 2016

3. FIDIC Strategic Objectives
Represent globally the consulting engineering industry
Enhance the image of consulting engineers
What FIDIC does:
ICC/FIDIC Conference – Istanbul, Turkey, 29-30 March 2016
Global Voice of Consulting
Engineers

4. Be the authority on issues relating to business practice
Promote the development of a global and viable consulting engineering industry
What FIDIC offers the industry:
FIDIC Strategic Objectives
ICC/FIDIC Conference – Istanbul, Turkey, 29-30 March 2016
Business Best Practice
Tools
& Guidelines

5. Promote quality
Actively promote conformance to a code of ethics and integrity
Promote commitment to sustainable development
FIDIC’s governing principles:
FIDIC Strategic Objectives
Committed to Quality,
Integrity
& Sustainability
ICC/FIDIC Conference – Istanbul, Turkey, 29-30 March 2016

6. How FIDIC is responding to the needs of the international
construction industry :Keep the industry’s concerns on the agenda
Regular meetings as the industry’s voice
The World Bank WB
Asian Development Bank ADB
European Bank for Reconstruction and Development EBRD
Inter-American Development Bank IADB
African Development Bank ADB
Islamic Development Bank IDB
Strategic partnerships
Joint activities to develop business practice
International Standards Organization ISO
International Labour Organization ILO
World Federation of Engineering Organizations WFEO
United Nations Environment Program UNEP
Confederation of International Construction Associations CICA
Transparency International TI
Federation of Consultants from Islamic Countries FCIC
Organisation for Economic Co-operation and Development OECD
ICC/FIDIC Conference – Istanbul, Turkey, 29-30 March 2016

7. Works Contracts – Rainbow Collection
FIDIC publishes internationally
recognized forms of contract for
infrastructure and building works,
suited for all delivery forms
More than 40,000 copies supplied each year, 28 languages

8. Adjusting to a changing context
The right Governance model
Local Authorities / Owner / Consultant / Researcher/ Civil society
The right holistic approach
The right community
The right technology (BIM?)
The right contracting platform (ITER)The right Dispute Board Mechanism (ITER)
ICC/FIDIC Conference – Istanbul, Turkey, 29-30 March 2016

9. Updated DAB Rules to be published as a separate
document :
-for consistency across the different forms of FIDIC contracts
-to allow the flexibility of improvement/revision when it
becomes necessary or desirable, rather than awaiting the 3rd
edition of the FIDIC contracts
FIDIC is currently planning on publishing the updated DAB
Rules + DAB Agreement as a separate document to the
contract documents.
ICC/FIDIC Conference – Istanbul, Turkey, 29-30 March 2016

10. Standing DAB vs Ad-hoc DAB
16 years since DABs first featured in FIDIC contracts,
standing DABs have proven undoubtedly to be more effective
consistency if there is more than one dispute to be resolved
-the invaluable advantages of dispute avoidance
-opportunity for the DAB to become part of the ‘project team’.
⇒ FIDIC is currently planning on updating the FIDIC suite of contracts such that all DABs
will be standing DABs
… but option for an ad-hoc DAB in the Guidance Notes
=> the Parties can decide for their own project
ICC/FIDIC Conference – Istanbul, Turkey, 29-30 March 2016

12. ADR Timeline (source : A HISTORY OF ALTERNATIVE DISPUTE RESOLUTION by Jerome T Barrett)
1800 B.C. Mari Kingdom (in modern Syria) uses mediation and arbitration in dispute with other kingdoms.
1400 B.C. Ancient Egyptian Amama system of international relations uses diplomacy.
1200-900 B.C. Phoenicians (in the eastern Mediterranean) practice entrepreneurship and negotiations.
960 B.C. Israel's King Solomon arbitrates dispute over baby by threatening to split the child.
700 B.C. Rhodian Sea Law codifies traditional rules for determining liability for ship cargo losses and dispute
resolution.
500 B.C. Arbitration, called Panchayat, used in India.
400 B.C. Greeks use public arbitrator in city-states. Arbitration decisions between city-state
"published" on temple columns.
300 B.C. Aristotle praises arbitration over courts.
100 B.C. Western Zhou Dynasty establishes post of mediator. 452 A.D.
452 A.D. As Attila the Hun destroyed city after city in his sweep across Europe, Pope Leo the Great successfully
negotiates to spare the city of Ravenna, Rome's western capital.
1888 A.D. Arbitration Act passed. Probably the first ADR statute in the United States providing voluntary
arbitration and ad hoc commissions to investigate the cause of specific railway labor disputes.

14. Thank you!
fbaillon@fidic.org

15. President Jaewan Lee, Korea
Vice Presidents Alain Bentejac, France
Exaud Mushi, Tanzania
Secretariat FIDIC
World Trade Center 2
Geneva Airport
Box 311
CH-1215 Geneva 15
Switzerland
Tel: +41 22 799 49 00
Fax: +41 22 799 49 01
fidic@fidic.org
www.fidic.org
Managing Director Enrico Vink
Commercial Director François Baillon