Research On The DAB Solution To Disputes For FIDIC Contract

[Synopsis] FIDIC contract is the general name of such series of contract demonstration as " construction contract terms of civil engineering " which are made and recommended by Federation Internationale des Ingenieurs Conseils( we call it FIDIC for short) .It is the most extensive universal standard and international practice used in the international project at present. It is praised as "the Bible of International Civil engineering ". The Dispute Adjudication Board (we call it DAB for short) as a popular star that widely adopted in the solution to international project dispute has reached some very good effect. This thesis made quite a further research on the DAB solution to disputes from the following aspects: the procedure of DAB solution, content and requirement, the difference between DAB solution and other solutions to disputes, the domestic and international legal provisions and differences on solving construction disputes, the obstacles of introducing DAB solution to our country and the way of forming the DAB solutions in China.First of all, the thesis analyzes the characteristics and the development of FIDIC international project contract therefore get the conclusion that the occurrence of DAB solution is necessary and it meets the need of the development of international project. It is the excellent results of joined wisdom of the experts in construction fields. DAB solution has the following characteristics and value functions: strict procedures, content, requirement, leading and acceptability.Secondly, the thesis analyzes the legal problems of DAB. DAB solutions involve a lot of legal problems: authorized clientages between the two DAB contract parties, it is binding to contracting parties once DAB is determined unless party's proposition objection within fixed time limit. DAB solution has great facilitation in solving the project contract disputes. It has differences and similarities with such solutions as arbitrating, lawsuit, etc. To adopt DAB solutions on construction project fields has its scientific rationality.Thirdly, with some international and domestic project contracts as examples the thesis analyzes the problems exist in our present dispute solutions such as simplex mode, not operational and inadequate protection for the parties. These problems call for innovation and reform urgently. Starting with the way of adopting DAB solutions both domestic and abroad, the thesis proved that DAB solution has alreadybeen used extensively and made great success when solving project disputes. At present to introduce DAB solutions to our country still there are some obstacles in notion and system.Finally, through analyzing the problems existing in our construction project disputes solutions and the significance of referencing DAB solutions, the thesis brings forward the idea of forming DAB solution to disputes in our country through transforming system, perfecting operation system and structure.As a new mode of spot arbitrament for disputes DAB solution has its unique function and significance to reform and promote our present construction management system. Carrying on systematic research to DAB solution is meaningful to promote the integration between our country and the international market. Also it is necessary and practical for the setting-up of harmonious society.