The composition of a DRB can be outlined in a PPP contract, and will often include three members with a mixture of technical and legal expertise. A common process involves each party appointing one member and the two party-appointed members selecting the final member. Where the Procuring Authority has the right to select a member or members of the DRB, it needs to consider the experience of its nominee from a technical, legal and contract management perspective. The process for appointing the board should not be rushed. Often the parties are stuck with panel members for an extended duration and often there is no mechanism for replacement of the board.
Board members are typically required to have the technical qualifications or skills necessary to review or determine the technical matters in dispute (e.g. engineering, cost or programming qualifications). The presence of one board member who has legal qualifications is also common. Potential issues with appointees to be considered include lack of experience, lack of independence and lack of availability. Professional advisors may be able to assist to provide recommendations if the parties cannot think of who to appoint.
Further information on how to set up a DRB is available at the Dispute Resolution Board Foundation3 or the International Chamber of Commerce.4
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3 Available at http://www.drb.org/.
4 Available at https://iccwbo.org/dispute-resolution-services/dispute-boards/