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CHAPTER FIFTEEN Enforcement Issues

Chern on Dispute Boards

Page 427 CHAPTER FIFTEEN Enforcement Issues Is there a dispute to enforce? The enforcement of dispute adjudication board (DAB) decisions normally follows the rules and procedures under which the initial DAB was originally formulated. Thus, for example, for DABs flowing from FIDIC Contracts, Sub-Clause 20 sets out the relevant steps necessary towards first obtaining the decision and then towards its enforcement. In the first instance a dispute has to arise and as previously mentioned this can be one of the most argued subjects in any DAB setting with the ultimate question being—Is There a Dispute? 1

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