The CAA passed the DRB Rules in November 2009. Under the CAA DRB Rules, each party nominates its own member of the board, while the other party has the right of veto.
The two members then appoint a third person as chairperson of the DRB.
Once appointed, the DRB members act independently of the parties.
At the commencement of the project, the DRB meets and reviews relevant documentation to enable them to become familiar with the project schedule, budgets, risks, and other issues. The DRB will then meet on a regular basis with representatives from the parties.
When a dispute arises and is referred to the DRB, the DRB will consider the dispute and make a non-binding recommendation. However, unless a party objects within a set period of time, the recommendation becomes binding under the contract. The parties would only need to resort to arbitration, mediation, or litigation in the event that a party rejects the recommendation made by the DRB.
CAA DRB Rules