A Dispute Board (DB) is an alternative dispute resolution and prevention mechanism, which is particularly effective in long-term construction and infrastructure contracts, because it aims to manage disagreements arising in the process of contract execution quickly, professionally, and with less cost. A DB, as a rule, is appointed from the very beginning of the project, is familiar with the progress of the project, and can identify problems at an "early stage", which reduces large-scale disputes, delays, and the risk of the project becoming more expensive.
Three main formats are widespread in practice: Dispute Review Board (DRB), which mainly issues recommendations; Dispute Adjudication Board (DAB), which issues decisions and, as a rule, their immediate execution is required; as well as Combined/Hybrid Dispute Board, which can use the format of a recommendation or a decision depending on specific rules and circumstances. The ICC's Dispute Board Rules specifically distinguish these three types and emphasize that the decisions of the DAB are subject to execution, while the recommendations of the DRB, as a rule, become mandatory if they are not protested within a specified term.
A DB, as a rule, consists of 1 or 3 independent experts, who are appointed by agreement of the parties and act within the mandate determined by the contract or DB rules (visits/monitoring, meetings, exchange of documentation, hearings). The purpose of effective administration is that the board is constantly informed about the state of the project and upon the emergence of a dispute is able to react promptly through formal review or informal involvement (dispute avoidance), which is particularly used in FIDIC type contracts.
A DB usually acts as an "early dispute resolution" step: it helps the parties to reach an agreement or provides a formal position/decision, as a result of which many conflicts do not even reach full-scale arbitration/court. FIDIC's multi-tier approach considers the DB as an important stage of the process, which facilitates the timely "sorting out" of issues and the continuity of the project, while, if necessary, it leaves the parties the possibility of a further final resolution (e.g., arbitration).