Common use of Obtaining Dispute Adjudication Board's Decision] Clause in Contracts

Obtaining Dispute Adjudication Board's Decision]. If a dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of, the Contract or the execution of the Works, including any dispute as to any certificate, determination, instruction, opinion or valuation of the Contract Awarder, then after a DAB has been appointed pursuant to Sub-Clauses 20.2 [Appointment of the DAB] and 20.3 [Failure to Agree DAB], either Party may refer the dispute in writing to the DAB for its decision, with a copy to the other Party. Such reference shall state that it is given under this Sub-Clause. For a DAB of three persons, the DAB shall be deemed to have received such reference on the date when it is received by the chairman of the DAB. Both Parties shall promptly make available to the DAB all information, access to the Work Site, and appropriate facilities, as the DAB may require for the purposes of making a decision on such dispute. The DAB shall be deemed to be not acting as arbitrator(s). Within 84 days after receiving such reference, or the advance payment referred to in Clause 6 of the Appendix - General Conditions of the Dispute Adjudication Agreement, whichever date is later, or within such other period as may be proposed by the DAB and approved by both Parties, the DAB shall give its decision, which shall be reasoned and shall state that it is given under this Sub-Clause. However, if neither of the Parties has paid in full the invoices submitted by each Member pursuant to Clause 6 of the Appendix, the DAB shall not be obliged to give its decision until such invoices have been paid in full. The decision shall be binding on both Parties, who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below. Unless the Contract has already been abandoned, repudiated or terminated, the Contractor shall continue to proceed with the Works in accordance with the Contract. If either Party is dissatisfied with the DAB's decision, then either Party may, within 28 days after receiving the decision, give notice to the other Party of its dissatisfaction. If the DAB fails to give its decision within the period of 84 days (or as otherwise approved) after receiving such reference or such payment, then either Party may, within 28 days after this period has expired, give notice to the other Party of its dissatisfaction. In either event, this notice of dissatisfaction shall state that it is given under this Sub-Clause, and shall set out the matter in dispute and the reason(s) for dissatisfaction. Except as stated in Sub­Clause 20.7 [Failure to Comply with Dispute Adjudication Board's Decision] and Sub-Clause 20.8 [Expiry of Dispute Adjudication Board's Appointment], neither Party shall be entitled to commence arbitration of a dispute unless a notice of dissatisfaction has been given in accordance with this Sub-Clause. If the DAB has given its decision as to a matter in dispute to both Parties, and no notice of dissatisfaction has been given by either Party within 28 days after it received the DAB's decision, then the decision shall become final and binding upon both Parties.

Obtaining Dispute Adjudication Board's Decision]. If a dispute (of any kind whatsoever) arises between the The Parties in connection with, or arising out of, the Contract or the execution of the Works, including any dispute as to any certificate, determination, instruction, opinion or valuation of the Contract Awarder, then after shall jointly appoint a DAB has been appointed pursuant to Sub-Clauses 20.2 [Appointment of the DAB] and 20.3 [Failure to Agree DAB], either Party may refer the dispute in writing to the DAB for its decision, with a copy to the other Party. Such reference shall state that it is given under this Sub-Clause. For a DAB of three persons, the DAB shall be deemed to have received such reference on by the date when it is received by the chairman of the DAB. Both Parties shall promptly make available to the DAB all information, access to the Work Site, and appropriate facilities, as the DAB may require for the purposes of making a decision on such dispute. The DAB shall be deemed to be not acting as arbitrator(s). Within 84 days after receiving such reference, or the advance payment referred to in Clause 6 of the Appendix - General Conditions of the Dispute Adjudication Agreement, whichever date is later, or within such other period as may be proposed by the DAB and approved by both Parties, the DAB shall give its decision, which shall be reasoned and shall state that it is given under this Sub-Clause. However, if neither of the Parties has paid in full the invoices submitted by each Member pursuant to Clause 6 of the Appendix, the DAB shall not be obliged to give its decision until such invoices have been paid in full. The decision shall be binding on both Parties, who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below. Unless the Contract has already been abandoned, repudiated or terminated, the Contractor shall continue to proceed with the Works in accordance with the Contract. If either Party is dissatisfied with the DAB's decision, then either Party may, within 28 days after receiving the decision, give a Party gives notice to the other Party of its dissatisfactionintention to refer a dispute to a DAB in accordance with Sub-Clause 20.4. The DAB shall comprise, as stated in the Appendix to Tender, either one or three suitably qualified persons ("the members"). If the number is not so stated and the Parties do not agree otherwise, the DAB shall comprise three persons. If the DAB fails is to give its decision within comprise three persons, each Party shall nominate one member for the period approval of 84 days (the other Party. The Parties shall consult both these members and shall agree upon the third member, who shall be appointed to act as chairman. However, if a list of potential members is included in the Contract, the members shall be selected from those on the list, other than anyone who Is unable or as otherwise approved) after receiving such reference or such payment, then either Party may, within 28 days after this period has expired, give notice unwilling to accept appointment to the other DAB. The agreement between the Parties and either the sole member ("adjudicator") or each of the three members shall Incorporate by reference the General Conditions of Dispute Adjudication Agreement contained In the Appendix to these General Conditions, with such amendments as are agreed between them. The terms of the remuneration of either the sole member or each of the three members shall be mutually agreed upon by the Parties when agreeing the terms of appointment. Each Party shall be responsible for paying one-half of its dissatisfactionthis remuneration. In either eventIf at any time the Parties so agree, this notice they may appoint a suitably Qualified person or persons to replace any one or more members of dissatisfaction the DAB. Unless the Parties agree otherwise, the appointment will come into effect if a member declines to act or is unable to act as a result of death, disability, resignation or termination of appointment The replacement shall state that it is given under be appointed in the same manner as the replaced person was required to have been nominated or agreed upon, as described in this Sub-ClauseClause The appointment of any member may be terminated by mutual of both Parties, and but not by the Employer or the Contractor acting alone. Unless otherwise agreed by both Parties, the appointment of the DAB (including each member) shall set out expire when the matter in DAB has given its decision on the dispute and the reason(s) for dissatisfaction. Except as stated in Sub­Clause 20.7 referred to it under Sub Clause 20.4 [Failure to Comply with Obtaining Dispute Adjudication Board's Decision] and unless other disputes have been referred to the DAB by that time under Sub-Clause 20.8 [Expiry of Dispute Adjudication Board's Appointment], neither Party 20 4 in which event the relevant date shall be entitled to commence arbitration of a dispute unless a notice of dissatisfaction has been given in accordance with this Sub-Clause. If when the DAB has also given its decision as to a matter in dispute to both Parties, and no notice of dissatisfaction has been given by either Party within 28 days after it received the DAB's decision, then the decision shall become final and binding upon both Partiesdecisions on those disputes.

Obtaining Dispute Adjudication Board's Decision]. If a dispute (of any kind whatsoever) arises between the The Parties in connection with, or arising out of, the Contract or the execution of the Works, including any dispute as to any certificate, determination, instruction, opinion or valuation of the Contract Awarder, then after shall jointly appoint a DAB has been appointed pursuant to Sub-Clauses 20.2 [Appointment of the DAB] and 20.3 [Failure to Agree DAB], either Party may refer the dispute in writing to the DAB for its decision, with a copy to the other Party. Such reference shall state that it is given under this Sub-Clause. For a DAB of three persons, the DAB shall be deemed to have received such reference on by the date when it is received by the chairman of the DAB. Both Parties shall promptly make available to the DAB all information, access to the Work Site, and appropriate facilities, as the DAB may require for the purposes of making a decision on such dispute. The DAB shall be deemed to be not acting as arbitrator(s). Within 84 days after receiving such reference, or the advance payment referred to in Clause 6 of the Appendix - General Conditions of the Dispute Adjudication Agreement, whichever date is later, or within such other period as may be proposed by the DAB and approved by both Parties, the DAB shall give its decision, which shall be reasoned and shall state that it is given under this Sub-Clause. However, if neither of the Parties has paid in full the invoices submitted by each Member pursuant to Clause 6 of the Appendix, the DAB shall not be obliged to give its decision until such invoices have been paid in full. The decision shall be binding on both Parties, who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below. Unless the Contract has already been abandoned, repudiated or terminated, the Contractor shall continue to proceed with the Works in accordance with the Contract. If either Party is dissatisfied with the DAB's decision, then either Party may, within 28 days after receiving the decision, give a Party gives notice to the other Party of its dissatisfactionintention to refer a dispute to a DAB in accordance with Sub-Clause 20.4. The DAB shall comprise, as stated in the Appendix to Tender, either one or three suitably qualified persons ("the members"). If the number is not so stated and the Parties do not agree otherwise, the DAB shall comprise three persons. If the DAB fails is to give its decision within comprise three persons, each Party shall nominate one member for the period approval of 84 days (the other Party. The Parties shall consult both these members and shall agree upon the third member, who shall be appointed to act as chairman. However, if a list of potential members is included in the Contract, the members shall be selected from those on the list, other than anyone who Is unable or as otherwise approved) after receiving such reference or such payment, then either Party may, within 28 days after this period has expired, give notice unwilling to accept appointment to the other Party DAB. The agreement between the Parties and either the sole member (“adjudication”) or each of its dissatisfaction. In either event, this notice of dissatisfaction the three members shall state that it is given under this Sub-Clause, and shall set out incorporate by reference the matter in dispute and the reason(s) for dissatisfaction. Except as stated in Sub­Clause 20.7 [Failure to Comply with Dispute Adjudication Board's Decision] and Sub-Clause 20.8 [Expiry General Conditions of Dispute Adjudication Board's Appointment]Agreement contained in the Appendix to these General Conditions, neither with such amendments as are agreed between them. The terms of the remuneration of either the sole member or each of the three members shall be mutually agreed upon by the Parties when agreeing the terms of appointment. Each Party shall be entitled responsible for paying one-half of this remuneration. If at any time the Parties so agree, they may appoint a suitably Qualified person or persons to commence arbitration replace any one or more members of the DAB. Unless the Parties agree otherwise, the appointment will come into effect if a dispute unless member declines to act or is unable to act as a notice result of dissatisfaction has death, disability, resignation or termination of appointment. The replacement shall be appointed in the same manner as the replaced person was required to have been given nominated or agreed upon, as described in accordance with this Sub-Clause. If The appointment of any member may be terminated by mutual agreement of both Parties, but not by the Employer or the Contractor acting alone. Unless otherwise agreed by both Parties, the appointment of the DAB (including each member) shall expire when the DAB has given its decision as on the dispute referred to a matter it under Sub- Clause 20.4 [Obtaining Dispute Adjudication Board's Decision], unless other disputes have been referred to the DAB by that time under Sub-Clause 20.4, in dispute to both Parties, and no notice which event the relevant date shall be when the DAB has also given decisions on those disputes. If any of dissatisfaction has been given by either Party within 28 days after it received the DAB's decision, then the decision shall become final and binding upon both Parties.following conditions apply namely:

Obtaining Dispute Adjudication Board's Decision]. The Parties shall jointly appoint a DAB by the date stated in the Appendix to Tender. The DAB shall comprise, as stated in the Appendix to Tender, either one or three suitably qualified persons (“the members”). If the number is not so stated and the Parties do not agree otherwise, the DAB shall comprise three persons. If the DAB is to comprise three persons, each Party shall nominate one member for the approval of the other Party. The Parties shall consult both these members and shall agree upon the third member, who shall be appointed to act as chairman. However, if a dispute (list of any kind whatsoever) arises potential members is included in the Contract, the members shall be selected from those on the list, other than anyone who is unable or unwilling to accept appointment to the DAB. The agreement between the Parties in connection with, and either the sole member (“adjudicator”) or arising out of, the Contract or the execution each of the Worksthree members shall incorporate by reference the General Conditions of Dispute Adjudication Agreement contained in the Appendix to these General Conditions, with such amendments as are agreed between them. The terms of the remuneration of either the sole member or each of the three members, including the remuneration of any dispute as to expert whom DAB consults, shall be mutually agreed upon by the Parties when agreeing the terms of appointment. Each Party shall be responsible for paying one-half of this remuneration. If at any certificatetime the Parties so agree, determination, instruction, opinion or valuation of the Contract Awarder, then after they may jointly refer a DAB has been appointed pursuant to Sub-Clauses 20.2 [Appointment of the DAB] and 20.3 [Failure to Agree DAB], either Party may refer the dispute in writing matter to the DAB for it to give its decision, with a copy to opinion. Neither Party shall consult the DAB on any matter without the agreement of the other Party. Such reference If at any time the Parties so agree, they may appoint a suitably qualified person or persons to replace (or to be available to replace) any one or more members of the DAB. Unless the Parties agree otherwise, the appointment will come into effect if a member declines to act or is unable to act as a result of death, disability, resignation or termination of an appointment. If any of these circumstances occurs and no such replacement is available, a replacement shall state that it is given under be appointed in the same manner as the replaced person was required to have been nominated or agreed upon, as described in this Sub-Clause. For a DAB The appointment of three personsany member may be terminated by mutual agreement of both Parties, the DAB shall be deemed to have received such reference on the date when it is received but not by the chairman of the DAB. Both Parties shall promptly make available to the DAB all information, access to the Work Site, and appropriate facilities, as the DAB may require for the purposes of making a decision on such dispute. The DAB shall be deemed to be not acting as arbitrator(s). Within 84 days after receiving such reference, Employer or the advance payment referred to in Clause 6 of the Appendix - General Conditions of the Dispute Adjudication Agreement, whichever date is later, or within such other period as may be proposed by the DAB and approved Contractor acting alone. Unless otherwise agreed by both Parties, the DAB shall give its decision, which shall be reasoned and shall state that it is given under this Sub-Clause. However, if neither appointment of the Parties has paid DAB (including each member) shall expire when the discharge referred to in full the invoices submitted by each Member pursuant to Clause 6 of the Appendix, the DAB shall not be obliged to give its decision until such invoices have been paid in full. The decision shall be binding on both Parties, who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below. Unless the Contract has already been abandoned, repudiated or terminated, the Contractor shall continue to proceed with the Works in accordance with the Contract. If either Party is dissatisfied with the DAB's decision, then either Party may, within 28 days after receiving the decision, give notice to the other Party of its dissatisfaction. If the DAB fails to give its decision within the period of 84 days (or as otherwise approved) after receiving such reference or such payment, then either Party may, within 28 days after this period has expired, give notice to the other Party of its dissatisfaction. In either event, this notice of dissatisfaction shall state that it is given under this Sub-Clause, and shall set out the matter in dispute and the reason(s) for dissatisfaction. Except as stated in Sub­Clause 20.7 [Failure to Comply with Dispute Adjudication Board's Decision] and Sub-Clause 20.8 14.12 [Expiry of Dispute Adjudication Board's Appointment], neither Party Discharge] shall be entitled to commence arbitration of a dispute unless a notice of dissatisfaction has been given in accordance with this Sub-Clause. If the DAB has given its decision as to a matter in dispute to both Parties, and no notice of dissatisfaction has been given by either Party within 28 days after it received the DAB's decision, then the decision shall have become final and binding upon both Partieseffective.

Obtaining Dispute Adjudication Board's Decision]. Add the following three new paragraphs before the 1st paragraph: “If a dispute (of any kind whatsoever) arises between the Parties so agree, and there is a standing DAB, they may jointly request (in connection with, or arising out of, the Contract or the execution of the Works, including any dispute as to any certificate, determination, instruction, opinion or valuation of the Contract Awarder, then after a DAB has been appointed pursuant to Sub-Clauses 20.2 [Appointment of the DAB] and 20.3 [Failure to Agree DAB], either Party may refer the dispute in writing to the DAB for its decisionwriting, with a copy to the other PartyEngineer) the DAB to provide assistance and/or informally discuss and attempt to resolve any issue or disagreement that may have arisen between them during the performance of the Contract. If the DAB becomes aware of an issue or disagreement, it may invite the Parties to make such a joint request. Such reference shall state joint request may be made at any time, except during the period that it the Engineer is given carrying out his/her duties under this Sub-Clause. For a DAB of three persons, the DAB shall be deemed to have received such reference Clause 3.5 [ Determination] on the date when it is received by matter at issue or in disagreement unless the chairman of the DABParties agree otherwise. Both Parties shall promptly make available to the DAB all informationSuch informal assistance may take place during any meeting, access to the Work Site, and appropriate facilities, as the DAB may require for the purposes of making a decision on such dispute. The DAB shall be deemed to be not acting as arbitrator(s). Within 84 days after receiving such reference, site visit or the advance payment referred to in Clause 6 of the Appendix - General Conditions of the Dispute Adjudication Agreement, whichever date is later, or within such other period as may be proposed by the DAB and approved by both Parties, the DAB shall give its decision, which shall be reasoned and shall state that it is given under this Sub-Clauseotherwise. However, if neither of unless the Parties has paid in full the invoices submitted by each Member pursuant agree otherwise, both Parties shall be present at such discussions. The Parties are not bound to Clause 6 of the Appendixact on any advice given during such informal meetings, and the DAB shall not be obliged to give its bound in any future dispute resolution process, or decision until such invoices have been paid by any views or advice given during the informal assistance, whether provided orally or in full. The decision shall be binding on both Parties, who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below. Unless writing.” Add the Contract has already been abandoned, repudiated or terminated, following after the Contractor shall continue to proceed with the Works in accordance with the Contract. If either Party is dissatisfied with the DAB's decision, then either Party may, within 28 days after receiving the decision, give notice to the other Party of its dissatisfaction. 1st paragraph: “If the DAB fails to give its decision within the period of 84 days (or as otherwise approved) after receiving such reference or such payment, then either Party may, within 28 days after this period has expired, give notice to the other Party of its dissatisfaction. In either event, this notice of dissatisfaction shall state that it is given under this Sub-Clause, and shall set out the matter in dispute and the reason(s) for dissatisfaction. Except as stated in Sub­Clause 20.7 [Failure to Comply with Dispute Adjudication Board's Decision] and Sub-Clause 20.8 [Expiry of Dispute Adjudication Board's Appointment], neither Party shall be entitled to commence arbitration of a dispute unless a notice of dissatisfaction has been Engineer’s Determination given in accordance with Sub-Clause 3.5 [Determinations], is disputed, and there is a standing DAB, the dispute details and supporting information shall be submitted to the DAB within 56 days after the Engineer has made the Determination. If the dispute details and supporting information is not submitted within this period, it shall be deemed that the DAB gave a decision supporting the Engineer’s Determination. If the Engineer’s Determination given in accordance with Sub-Clause 3.5 [Determinations], is disputed, and there is not a standing DAB, the Parties shall proceed to appoint a DAB in terms of Sub-Clause. If the DAB has given its decision as to a matter in dispute to both Parties, and no notice of dissatisfaction has been given by either Party within 28 days after it received the DAB's decision, then the decision shall become final and binding upon both Parties.