Abstract: The disputes regarding construction contracts of great economic importance are usually entrusted to a board of arbitrators rather than to civil courts because of the greater velocity of arbitration compared to the length of ordinary process. However, even arbitration takes time to prepare the case and to allow the arbitrators to decide who is right and who is wrong. Due to this, mainly in big contracts, a completely different logic is evolving: to prevent the dispute and to solve it through a stable body (made of lawyers, engineers, geologists, etc., according to the contract’s nature) provided by the contract in order to face and solve problems as they occur, and to allow continuation of the execution. In such context, therefore, arbitration and ordinary process would be used only if the board has failed to solve the dispute.
Sumário
1 Construction contracts and dispute resolution - 2 ADR techniques - 3 From the Engineer to the Dispute Board in the resolution of disputes regarding construction contracts - 4 Several types of Dispute Board: Dispute Review Board (DRB), Dispute Adjudication Board (DAB), Combined Dispute Board (CDB) - 5 Permanent Dispute Board and ad hoc Dispute Board - 6 Composition of a DB and appointment of its members - 7 The ‘informal assistance with disagreement’ - 8 The formal submission of a dispute to the DB - 9 Site visits - 10 The determination issued by the DB and the possible subsequent appeal - 11 Enforcement of the DB’s determination
RANZOLIN, Ricardo (org.). Arbipedia. Comentários à Lei Brasileira de Arbitragem. Arbipedia, Porto Alegre, 2025. Acesso em: 12-09-2025. Disponível em: https://www.arbipedia.com.br/conteudo-exclusivo/3618-the-dispute-board-in-construction-contracts.html?category_id=210
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