![]() Mar 6, 2012 - Brief Explanation of the Dispute Board Manual. The Japan International Cooperation Agency (JICA) revised its “Sample Bidding Documents. Activities of the Dispute Board (DB) for projects financed. New dispute resolution mechanism introduced in. JICA issued the user's manual of the DB in 2012. Dispute Board Manual JicamaJapan International Cooperation Agency (JICA) recently released its Dispute Board Manual to assist stakeholders in setting up dispute boards to resolve disputes relating to the implementation of Japanese Official Development Assistance (ODA) Loan projects, among others. Rowe jukebox manuals download. JICA advocates the use of dispute boards, which have “proven to be a remarkably successful method of avoiding and resolving contract disputes without use of arbitration or litigation, often before completion of construction.” The Manual discusses the Dispute Board required under Clause 20 of the Conditions of Contract for Construction (Multilateral Development Bank Harmonised Edition, 2010). The Dispute Board is considered an “essential member of the Contract team” whose purpose is “to assist the parties and the Engineer to prevent disagreements from becoming formal disputes.” If the disagreement becomes a formal dispute, the Dispute Board may render a decision that is binding on the parties. The Dispute Board’s decision is immediately executory even if one of the parties decides to refer the dispute to arbitration pursuant to the contract. The Manual suggests that for the Dispute Board to serve its purpose, it must be established at the beginning of the contract, before there are any disagreements between the parties. It should continue working until the Performance Certificate is issued and the “Defects Notification Period” has expired. Dispute Board Manual JicaThe Dispute Board may consist of one person, but for larger and more complex contracts, a Dispute Board composed of three members is recommended. The members of the Dispute Board shall be chosen by agreement of the parties, and the cost and expenses of its operations shall be borne by both parties. To qualify as a member, one must be: (a) experienced in the type of work to be carried out under the contract; (b) experienced in the interpretation of contracts; (c) fluent in the stipulated language for communication, as provided in the contract; and (d) independent of both parties and must not have any ties to either of them and the Engineer. Upon appointment of each member of the Dispute Board, the employer/project owner, the contractor, and the Dispute Board member shall execute a tripartite agreement which, among others, shall provide for the general conditions of the Dispute Board Agreement and the procedural rules to be adopted by the Dispute Board. In performing its functions, the Dispute Board is authorized to conduct regular site visits, the first of which must be made as soon as the Dispute Board is constituted. Regular site visits shall be between 70 to 140 days apart and are intended to apprise the Dispute Board of the current status and progress of the works. After each visit, the Dispute Board shall prepare a Site Visit Report.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |