B. Selected FIDIC Arbitral Awards on Jurisdiction
1. Does Failure to Submit the Dispute to the Engineer or the DAB Bar a Party from Resorting to Arbitration?
Arbitral tribunals take two different approaches when faced with this type of plea.…
A case in this category is the above-mentioned dispute arising out of two contracts…
The timeline of the main events was as follows: …
■ Subsequent to claimant’s notice of its intention to refer a dispute to the DAB,…
■ The Chairman of the DAB sent the first draft dispute adjudication agreement to…
■ By then claimant had already filed its request for arbitration, and had stopped…
Respondent argued in the arbitration that since a DAB was in place claimant should…
The arbitral tribunal first noted that there are two distinct types of DAB, namely…
The arbitral tribunal then proceeded to determine the legal character of the agreed…
The arbitral tribunal then found that, if duly interpreted, Sub-Clause 20.8 allowed…
The arbitral tribunal finally rejected respondent’s argument that claimant was under…
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