Leading Construction Lawyers International Alliance

Dispute Prevention and Settlement Through Expert Determination and Dispute Boards ICC publication

The use and growth of dispute boards internationally has been fueled by the support of many factors and institutions working together. Obviously, the promulgation of dispute board rules by the ICC since 2004 and the support services offered through the ICC International Centre for ADR have been one important contributor to growth and of course the inclusion of dispute board provisions in FIDIC contracts since the mid-1990s has been a major vector. However, the Multilateral and Unilateral Development Banks (the International Financing Institutions or “IFIs”) are another important stakeholder whose contribution to the expansion of dispute boards is often under appreciated. This article will discuss the importance of the IFI’s support, which is set to expand both in regard to dispute board implementation on traditionally procured projects and Public Private Partnership (PPP) initiatives.