Dispute Boards
Dispute boards are permanent panels set up to accompany the performance of a contract. They assist in avoiding or overcoming disagreements and disputes.
A Dispute Board (“DB”) is a standing body composed of one or three DB Members. Typically set up upon the signature or commencement of performance of a mid- or long-term contract, they are used to help parties avoid or overcome any disagreements or disputes that arise during the implementation of the contract. Although commonly used in construction projects, DBs are also effective in other areas. These areas includes research and development; intellectual property; production sharing and shareholder agreements.
The ICC Dispute Board Rules (“Rules”) consist of a comprehensive set of provisions for establishing and operating a DB. They cover such matters as the appointment of the dispute board member(s); the services they provide and the compensation they receive
Dispute Boards have three basic functions.
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They emphasise the importance of informal and formal approaches to disputes. The Rules explicitly provide that, upon perceiving a potential disagreement, the DB may identify the disagreement and encourage the parties to resolve it on their own without further involvement of the DB.
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If this is impossible or the disagreement is too entrenched, the DB can intervene with informal assistance to help the parties resolve the matter by agreement.
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Alternatively, the DB could also determine a dispute through a recommendation or a decision issued after a procedure of formal referral.
Each of these functions is of equal importance in helping to reduce the risk and cost of disruption to the parties’ contract.
Advantages of Dispute Boards
Lower cost
Shorter procedure
Party Autonomy
Neutral third-parties
Experts
Enforceability of Decisions
Model Dispute Board Member Agreement
The Model Dispute Board Member Agreement, as detailed below, must be signed by every Dispute Board Member with all parties before Dispute Board activities can begin.
The Model Dispute Board Member Agreement can be accessed here.
Role of the ICC Centre for ADR
Types of request
ICC may be called upon to:
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Appoint a DB member
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This request should include a copy of the parties’ agreement to establish a Dispute Board in accordance with the ICC Dispute Board Rules and any observations, comments or requests relevant to the appointment.
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Decide on a challenge of a DB member
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This request should include a copy of the parties’ agreement that refers to ICC Dispute Board Rules, grounds for the challenge, names of the DB members, and the full contact details of all parties and possible related entities.
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Review a DB Decision as to form
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This request should include a copy of the parties’ agreement, grounds for the review, names of the DB members, and the full contact details of all parties and possible related entities.
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Fix the fees of the DB Members
Where to send the requests
The requests should be sent by email to: disputeboards@iccwbo.org and in sufficient number of hardcopies (only if a notification in hard copy is requested) by mail to the ICC International Centre for ADR at:
33-43 avenue du Président Wilson 75116 Paris France
Payment
Each request must be accompanied by a non-refundable payment of a filing fee.
The payment must originate from the party to the case.
ICC is bound to operate in conformity with applicable sanctions regulations, such as those imposed by the United Nations, European Union and Office of Foreign Assets Control. If parties have reasonable doubt that a sanction’s regime is applicable to their request, they must inform ICC in advance. This means prior to submitting any such request and prior to paying the respective filing fee. In such case, please contact compliance@iccwbo.org.
The ICC International Court of Arbitration® and International Centre for ADR compliance policies and procedures can be found here. 
Payment details are available here.