FOR THE CONSTRUCTION, BUILDING
AND ENGINEERING INDUSTRY
How do I appoint the Dispute Review Board?
The Dispute Review Board will typically comprise of a combination of technical and contractual experts with specific expertise allocated for the specific dispute or question at hand.
One or both parties to a contract may approach the Chairman of the Dispute Review Board to either (a) nominate an appropriate Alternative Dispute Resolution Person or (b) request the nomination of a specific Alternative Dispute Resolution Person to which appointment both parties have already agreed to.
The Chairman will then, upon such application, confirm the nomination of the Alternative Dispute Resolution Person, the fee structure and terms and conditions of appointment of the Dispute Review Board for the Alternative Dispute Resolution Person.
All payments by the disputing parties for the appointment of the Alternative Dispute Resolution Person is made to the Dispute Review Board for the purpose of taking care of all administration usually required between the parties and the Alternative Dispute Resolution Person, such as B-BBBEE, Tax Clearance and payment requirements.
This process has been adopted by the Dispute Review Board to reduce the administrative burden to the parties and the Alternative Dispute Resolution Person.
The Dispute Review Boards commits itself that the appointed experts that will attend to the written opinion and proposed solution will:
- be experienced in the type of project being undertaken;
- have a thorough knowledge of relevant contractual and technical issues;
- be respected for their experience and expertise; and
- be impartial and independent with no conflict of interest.
The Dispute Review Board may also be jointly appointed by the parties as part of their contractual agreement from the outset