Alternative dispute resolution is a means of resolving disputes between parties in ways other than by ordinary courts. Adjudication, which is usually carried out with construction still ongoing, is a suitable procedure to reach such goal. Each of the parties typically designate an adjudicator for the board to resolve the dispute, and these two individuals choose a third adjudicator to chair the board. The adjudicators are essentially free to carry out the procedure, but rules for such a procedure are often already agreed in the underlying project contracts (e.g. in the FIDIC Yellow Book 2017 for the Dispute Avoidance and Adjudication Board, DAAB). The main advantage of adjudication is its flexibility, also in the choice of adjudicators, who are often non-lawyers. The goal is a practical, contract-oriented decision with which the parties can complete the current construction project well. In the field of adjudication, we support our clients as party representatives or as strategic legal advisors, and we also act as adjudicators in proceedings.
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