Dispute Resolution Mechanism under FIDIC Contract by the Dispute Board

Abstract

This academic consists purposes to study the dispute resolution mechanism by the Dispute Board under FIDIC contracts applied to dispute management in construction work. This article will focus on legal and related case studies, problem analysis, obstacles and limitations on the application of the Dispute Board for dispute management in construction work prior to entering into arbitration procedure as well as to efficiently promote alternative dispute resolution for other businesses in Thailand. It was found that the contract mechanism will cover the roles of the consulting engineer who is the representative of the counterparty that oversees the completion of the construction work as planned. FIDIC contracts are designed to develop construction project management, promote honest and fair management of construction businesses, sustainable project management, quality work, and appropriate risk management. FIDIC contracts comprise the provisions for dispute resolution through arbitration, which is considered one of the appropriate alternative dispute resolutions, for resolving construction work related disputes, in which the counterparties anticipate that their construction work will be completed without the abandonment of work or litigation, causing the construction project to be halted and, ultimately, leads to high-value loss and time-consuming for dispute resolution through normal court proceedings. Arbitration procedure is internationally recognized as highly flexible proceedings and confidential dispute resolution. The counterparties can maintain their relationships to collaboratively sustain their business operations. FIDIC contracts set the provision for the appointment of a committee called the Dispute Board who is a group of individuals under the contract for such construction project. The Dispute Board is responsible for resolving any dispute during the operation of the project so such dispute can be settled in a timely manner.