On 14 December 2021, Herbert Smith Freehills jointly hosted ‘Dispute Boards – The Asian Perspective’ with 39 Essex Chambers and HKA.
The panel discussion considered the use of dispute resolution boards (DABs), covering their benefits, practical issues, and whether there are better alternative methods of dispute resolution available.
HSF Of Counsel Daniel Waldek spoke on the panel, Chaired by Tan Swee Im of 39 Essex Chambers, alongside Shamila Neelakandan and Scott Ramsden of HKA and Narendra Adiyasa, Partner at Hiswara Bunjamin & Tandjung. The panel considered various aspects of DABs, including:
- The DAB constitution and how it can be adapted outside the FIDIC context
- Pros and cons of DABs in forging resolution to disputes
- Effectiveness of DABs where legal, technical and commercial input is the key to successful resolution
- Use of DABs in Asia, and what the future holds
DABs are a form of alternative dispute resolution and a common feature of major construction projects. They are a quick and effective means of conflict resolution without the need to resort to arbitration or litigation, which can be costly, time-consuming and inflexible.