How to nominate a dispute board member (DAAB) under FIDIC contracts?

Disputes are almost a given in international construction projects. That’s why the FIDIC contracts include a smart system for resolving them quickly and fairly through Dispute Avoidance/Adjudication Boards, or DAABs. One of the most talked-about resources in this area is the FIDIC President’s List of Approved Dispute Adjudicators — basically a go-to directory of well-respected experts.

If you’re an employer, contractor, engineer, or legal advisor working on FIDIC-based projects, knowing how this list works — and how flexible the appointment process really is — can save you a lot of time, money, and headaches. In this guide, we’ll walk you through the key points in plain language.

What is the FIDIC President’s List of Approved Dispute Adjudicators?

The President’s List is managed by FIDIC (the International Federation of Consulting Engineers). It brings together professionals who have been carefully evaluated for their knowledge of FIDIC contracts and dispute resolution.

Here are the main things to know:

People on the list usually hold a valid FIDIC Certified Adjudicator certification.
They’re expected to keep up with Continuing Professional Development (CPD).
FIDIC is clear that being on the list doesn’t guarantee someone will be the perfect fit or available for every project.

The Critical Role of DAABs in FIDIC 2017 Contracts

The 2017 FIDIC contracts (Red Book, Yellow Book, and Silver Book) put a strong emphasis on preventing disputes before they blow up and resolving them fast when they do appear.

There are two main types of boards:

Standing DAAB: Set up right at the beginning of the project so members stay involved and help avoid problems.
Ad Hoc DAAB: Put together only when a dispute actually happens.

A good DAAB — usually one or three members — combines technical, contractual, and legal know-how. The goal is to get a binding decision within about 84 days, which helps keep projects moving instead of getting stuck in long arbitration or litigation.

Tips for Nominating a DAAB Member

Look carefully at profiles on the official list — check experience, neutrality, language skills, and availability.
Think about cultural and jurisdictional fit, especially on cross-border projects.

Can Parties Nominate DAAB Members Not on the FIDIC President’s List? (What FIDIC 2017 Actually Says)

Yes — and this is really important.

The FIDIC 2017 contracts are quite clear on this. Under Sub-Clause 21.1 [Constitution of the DAAB] in the Red, Yellow, and Silver Books, the parties are expected to jointly appoint the DAAB members. This means you have complete freedom to agree on any suitably qualified person — they don’t have to be on the President’s List at all.

The List is useful, but it’s not mandatory when both sides can reach an agreement. It mainly comes into the picture under Sub-Clause 21.2 [Failure to Appoint DAAB Member(s)]. If the parties can’t agree, then the FIDIC President steps in as the appointing authority and will choose someone from the official List.

This is a key strength of the system: when parties work together, they get maximum flexibility. The List simply acts as a reliable backup option.

Why do parties often pick someone not on the List?

Deep, relevant expertise: Sometimes they already know someone with exactly the right technical or project-specific experience for their job.
Better availability: Top-listed adjudicators are busy. A trusted expert who isn’t on the List might be able to start much faster and prevent delays.
Cost and relationship advantages: People often prefer professionals they’ve worked with before — someone who understands their way of working, offers reasonable fees, and has already proven their impartiality.
Special project needs: Niche technologies, unusual contract conditions, or specific countries might call for someone highly qualified who simply hasn’t made it onto the List yet.
Growing the industry: Supporting capable new experts helps build a bigger pool of good adjudicators for everyone.

Of course, whoever is chosen still needs to be independent, impartial, and competent as required by the contract.

Beyond the List: Building Expertise in Dispute Resolution

The President’s List is excellent, but it’s not the whole story. The construction world has a huge pipeline of infrastructure projects coming up, and we need more skilled people who can handle DAAB work properly.

Gaining real experience, really understanding FIDIC contracts, and delivering fair decisions opens up plenty of opportunities — especially because parties have the freedom to appoint capable experts directly.

At CMGuide, we help clients with contract advice, dispute avoidance training, DAAB nomination support, and overall dispute resolution strategies. With our hands-on experience in FIDIC projects across Middle East, Asia, Asia Pacific, etc., we support both parties and professionals in getting the right outcomes.

Thinking about nominating a strong adjudicator or improving how you handle disputes on your project? Feel free to contact us today for a conversation.

Conclusion

The FIDIC President’s List is a great resource, but as FIDIC 2017 clearly shows in Sub-Clauses 21.1 and 21.2, it’s not the only way to form an effective DAAB. What matters most is choosing the right person — someone competent, impartial, and available who truly understands the contract.

By getting to grips with how the system works and using its built-in flexibility, project teams can resolve issues faster and more fairly. Keep learning, keep building expertise, and help make dispute resolution in construction better for everyone