TOOLKIT / DISPUTE BOARD PROTOCOL

Design the board to stay close enough to the project to help, and independent enough not to become project management.

A Dispute Board can provide continuing independent capability across a complex project where technical, contractual and commercial pressure develops over time. The protocol should define constitution, access, site familiarity, referral, information, decision or recommendation authority, conflicts, fees and the relationship to project governance. The board should understand the project without becoming part of the employer, engineer, contractor or management chain.

Close to the project. Outside the project hierarchy.

Familiarity should improve speed and understanding without weakening independence.

PROTOCOL ARCHITECTURE

Five structural choices determine whether the board will be useful before and during project strain.

The protocol should reflect the actual contract and project governance.

CONSTITUTION

Who sits on the board?

Number, disciplines, appointment method, chairing and replacement should fit project complexity.

FAMILIARITY

How does the board stay informed?

Site visits, progress material and periodic engagement can create context without creating management authority.

REFERRAL

What reaches the board?

Define informal assistance, formal referral, timing and the categories of matter within scope.

AUTHORITY

What can the board issue?

Recommendation, decision or other output should match the contract and not be assumed from the title.

INTERFACE

How does it fit project governance?

Engineer, employer, contractor, project manager, expert and dispute roles should remain distinct.

STANDING PROTOCOL

A board needs continuing discipline even when there is no live referral.

Independence is maintained through the quiet periods as well as the disputed ones.

01
Constitute early

Appoint members before positions harden and confirm specialist mix.

02
Build familiarity

Use proportionate site visits and project information without entering management.

03
Monitor conflicts

Review new project participants, advisers and repeat professional relationships.

04
Receive referral

Define the question, process, information and contractual authority for the specific issue.

05
Close + continue

Issue the required output, preserve project boundaries and return to the standing role if the contract requires.

DEEPER PRACTICE LENS

The board should know the project well enough to understand pressure without becoming responsible for delivery.

That balance is the core professional design problem.

PRACTICE LENS

Project familiarity is valuable only if authority remains clear.

A standing board can become unusually effective because it understands the project history. The same familiarity can create role drift if members begin solving management problems informally.

The protocol should state what routine access the board receives. Periodic progress reports, site visits and high-level programme information may be useful. Unlimited access to internal management systems may be unnecessary and can make the board appear embedded in project control.

Site visits should have a defined purpose. Members may observe progress, understand interfaces and meet relevant project participants while avoiding directions to contractors, design teams or management. Questions can clarify; instructions belong to authorised project roles.

Informal assistance should be distinguished from formal referral. Some boards are expected to help the parties surface issues early. That can be valuable if the contract allows it, but participants should know whether a conversation is informal, whether views are non-binding and whether a member's later formal role is affected.

Formal referrals should define the issue, contractual basis, timetable, information process and required output. A broad referral that asks the board to fix the project invites authority beyond the contract.

Board composition should match likely project questions. One member may bring legal or contractual depth, another engineering or technical competence, and another project or commercial experience. The protocol should not assume every member is equally expert in every dimension.

Conflicts are continuing. Major projects introduce new subcontractors, experts, lenders, insurers, advisers and project companies over time. Board members should update disclosures where new relationships become relevant.

Remuneration should support standing availability. A retainer, visit fee and referral fee structure may be appropriate depending on the project, but payment should not make one project participant appear to control the board.

Confidentiality and record handling should fit the contract and jurisdiction. Board communications may later be relevant to formal proceedings, so legal effect should not be assumed from professional practice alone.

The relationship to arbitration, litigation or other dispute mechanisms should be explicit. The protocol should identify whether board steps are mandatory, whether decisions have interim effect and how urgent relief or limitation issues are handled under the governing law.

Closure should be planned for project completion, termination or replacement. Members should know what records remain, whether final disclosures are needed and whether any later arbitral or advisory role is restricted.

PROJECT BOUNDARY

The board can help the project without becoming the project.

Role clarity protects both independence and contractual governance.

WORKING TERMS

Keep professional familiarity separate from project authority.

The more the board knows, the more important it is to preserve the limits of what members can direct or decide.

Engineer / certifier

Contract administration and certification remain with the authorised project role.

Project manager

Planning, coordination and delivery remain management responsibilities.

Board

Independent standing or referred function remains defined by the protocol and contract.

Arbitral tribunal

Formal adjudicative authority remains separate unless the governing framework expressly provides otherwise.

IN PRACTICE

Three project moments where protocol design matters.

Standing familiarity is useful only if the board knows which professional mode it is in.

ILLUSTRATIVE SITUATION

Early interface strain

The board hears during a site visit that two work packages are beginning to conflict. It may help the parties identify the issue if the protocol permits informal assistance, while project instructions remain with management.

ILLUSTRATIVE SITUATION

Formal payment referral

The contractor refers a defined payment question. The board switches into the formal contractual process, confirms the record and issues the required recommendation or decision.

ILLUSTRATIVE SITUATION

Member's former client appears

A new specialist subcontractor has a prior relationship with one member. The board updates conflicts and decides disclosure or replacement before the relationship becomes contentious.

PROFESSIONAL DISCOVERY

Current public professional records

Only currently published professional records are shown.

Ana Palacio
PUBLIC PROFESSIONAL RECORD / Madrid, Spain

Ana Palacio

Arbitrator & Mediator

mediationarbitrationBanking and Finance

Published record: From 1994 to 2002, Ana Palacio was a member of the European Parliament, where she chaired the Legal Affairs and Internal Market as well as the Citizens Rights, Justice and…

Emad Hendawy
PUBLIC PROFESSIONAL RECORD / Kuwait City, Kuwait

Emad Hendawy

Arbitrator & Mediator

mediationarbitrationevaluationBanking and Finance

Published record: Literature and research: the effectiveness of international humanitarian law in armed conflict to protect civilians in 2013. The role of the court in the Egyptian Commercial Arbitration Act 2014. legal…

Teko Seyram Amenyinu
PUBLIC PROFESSIONAL RECORD / Lomé, Togo

Teko Seyram Amenyinu

Arbitrator & Mediator

mediationarbitrationBanking and Finance

Published record: Current General Secretary of Young Lawyers Association of Togo Since Jan 2017: PartneratSCP TOBLE & ASSOCIES LAW FIRM (Member Of Lex4 Top 25 Best Business Law Firm In Africa, https://lex4.com/lex4-magazine-ohada)…

Dr. Gubbi S Subba Rao
PUBLIC PROFESSIONAL RECORD / Bengaluru, India

Dr. Gubbi S Subba Rao

Arbitrator & Mediator

mediationarbitrationevaluationBanking and Finance

Published record: He is now practicing as an Attorney. His practice areas include both Indian Laws and International Laws. In the latter, he takes up legal matters of trade, commerce & industry…

IMPLEMENTATION + GOVERNANCE

A functioning Dispute Board also needs an information and meeting architecture that can survive a multi-year project.

The protocol should tell the parties how the board remains informed without allowing standing access to become informal management.

FROM TOOL TO SYSTEM

Make the instrument usable inside a real organisation.

A professional tool is strongest when governance, records, authority and later review are designed around it rather than left to individual memory.

Periodic information should be curated. The board may receive progress summaries, major programme changes, significant notices, risk themes and other agreed material rather than every project document. A defined information set helps members understand the project while reducing the chance that they become another layer of project administration.

Regular meetings or site visits should have a simple agenda. Project status, emerging interfaces, unresolved issues and any requested informal assistance can be discussed without asking the board to approve design, certify payment or direct resources. Minutes or short attendance notes can record the mode of engagement and prevent later disagreement about whether the board expressed a formal view.

Where the board has several members, internal governance matters too. The protocol should identify the chair's coordination role, quorum, how members communicate, how conflicts affecting one member are handled and whether a replacement can join without destabilising project familiarity.

Referral procedure should be scalable. A small defined issue may need written submissions and a short meeting. A technically complex referral may justify expert material or site review. The board should be able to tailor procedure within the authority granted rather than forcing every referral into the same timetable.

The protocol should also address simultaneous project and dispute pressures. A formal referral should not automatically stop work unless the contract says so. The project team needs to know what obligations continue while the board considers the issue.

Finally, the parties should review whether the board remains the right composition as the project changes. Construction may move into commissioning, operations or a new technical phase. Replacement or additional expertise may be needed, but change should preserve independence and avoid strategic reshaping of the board after positions have hardened.

DISPUTE BOARD PROTOCOL

Close to the project. Outside the project hierarchy.

A good protocol uses standing familiarity to improve speed and judgement while keeping the board separate from project management, contract administration and any later formal dispute authority.

The protocol should remain easy for project teams to use under pressure. If the parties need lawyers to reconstruct the board's basic operating rules every time an issue arises, the standing mechanism is not doing enough preventive work.