9.9 Some very large projects may require more than one form of dispute resolution. That section of the Hong Kong Airport Core Programme which is the Government's responsibility (basically the infrastructure and related projects) has a four tier level of dispute resolution - engineer's decision, mandatory mediation/conciliation, adjudication and arbitration.85 It is to be hoped that such complex procedures would only be required to be used rarely. But it is proper that they should be available in such massive contracts, and special conditions attached to the form of contract could accommodate them. Some have suggested that it would be appropriate that the adjudicator should be a 3 person board for large projects, with one representative from each side of the dispute, and an independent chairperson. Such a board would need to be differently constructed if the dispute was between client and contractor than if it was between contractor and subcontractor, let alone a dispute between client and contractor to which subcontractors were joined. My view is that the board should all be independent, and a panel of names should be in the contract to deal with all major disputes. Dispute review boards have proved successful in the United States.
_________________________________________________________________
85 The airport itself has a two tier procedure - decision of the project director and arbitration. The airport railway has engineer's decision, mediation and arbitration. (Source: Masons, providing a paper by Mr Michael Byrne of the Government secretariat.)