The COVID-19 pandemic accelerated the digital transformation of many industry practices, including how Dispute Adjudication Boards (DABs) conduct site visits under FIDIC contracts. What began as a necessity has proven to be a pragmatic and efficient alternative to physical site visits. This post explores the contractual basis, emerging best practices, real-world case studies, and the benefits of virtual site visits, advocating for their continued use in the future.
A Contractual Framework That Allows for Flexibility
FIDIC’s Red Book (1999) requires regular site visits by the DAB to stay informed about project progress and potential disputes. While Sub-Clause 20.2 anticipates these visits, it does not mandate physical attendance, offering room for procedural flexibility where agreed by the parties. The ICC Dispute Board Rules also support this approach, explicitly allowing meetings and site visits to be conducted by telephone or videoconference with party agreement[1].
Industry Best Practice Guidelines
Recognizing the demand for guidance on this evolving practice, the Dispute Resolution Board Foundation (DRBF) issued its Best Practice Guidelines for Virtual Dispute Board Proceedings in 2020. These guidelines cover:
- Pre-hearing technology checks
- Data security protocols
- Clear rules on recording sessions
- Procedures for virtual site inspections via video link, drone footage, or 360° imagery
The guidelines emphasize procedural fairness and advocate for clear, upfront agreements between parties regarding how remote proceedings are conducted[2].
In Australia, case examples presented at the FIDIC Contracts Users’ Conference showcased how virtual dispute board site visits became routine during COVID-19 restrictions. Legal experts discussed the success of dispute boards in Australia and specific Australian DAB procedures, highlighting the specifics of virtual dispute boards as a vital feature during the pandemic[3].
Technology That Makes It Work
Successful virtual site visits rely on a suite of digital tools, including:
- Live video conferencing platforms (e.g., Zoom, Microsoft Teams)
- Drones for aerial inspections
- 360° cameras for immersive walkthroughs
- 3D laser scanning for detailed measurements
- Virtual reality tools for interactive site tours
Trial runs and technical rehearsals are highly recommended to ensure smooth operation on the day, as advised in the DRBF’s guidelines[2].
Benefits Worth Retaining
While initially adopted under duress, virtual site visits have revealed several advantages:
- Cost efficiency — eliminating travel and accommodation expenses for DAB members and parties
- Safety — reducing on-site foot traffic, especially in hazardous areas
- Timeliness — enabling faster scheduling, particularly in cross-border projects
- Accessibility — allowing participation from geographically dispersed stakeholders
Encouragement for Future Adoption
As infrastructure and construction projects grow in complexity and geographical spread, the case for virtual site visits strengthens. When supported by clear procedural guidelines and robust technology, these remote inspections can enhance dispute avoidance and resolution, reduce costs, and increase operational resilience.
Stakeholders are encouraged to proactively integrate virtual site visits into their Dispute Board Agreements (DBAs), conduct pilot sessions, and capitalize on the growing library of industry resources and best practices.
Conclusion
Virtual site visits for Dispute Adjudication Boards are not just a temporary fix — they’re a forward-looking, efficient alternative well-aligned with the modern demands of international project delivery. As best practices and digital tools continue to mature, project stakeholders should embrace this opportunity to refine dispute avoidance and resolution processes.
Beyond logistical and financial advantages, the adoption of virtual site visits significantly broadens access to a global pool of experienced DAB members. This enables projects, especially those in remote or emerging markets, to engage highly qualified dispute board professionals from anywhere in the world, enriching the adjudication process with international expertise while maintaining procedural efficiency and flexibility.
Now is the time for contract drafters, employers, and contractors to proactively integrate virtual site visit protocols into their Dispute Board Agreements (DBAs), trial these procedures, and harness the growing body of industry knowledge supporting their implementation.
References
- International Chamber of Commerce (ICC) Dispute Board Rules, 2015 Edition. Available at: https://iccwbo.org/news-publications/arbitration-adr-rules-and-tools/2015-dispute-board-rules-2018-appendices-english-version/
- Dispute Resolution Board Foundation (DRBF), Best Practice Guidelines for Virtual Dispute Board Proceedings, August 2020.
- FIDIC | Digital, disruption and dispute avoidance highlighted at contracts conference. Available at: https://fidic.org/node/33369