Model Clause
Model DAB Clause for Construction Contract
Article [insert number] Dispute Resolution
1. Contact Details and Negotiation (omitted)
2. Construction Dispute Adjudication
Article [insert number] Dispute Resolution
1. Contact Details and Negotiation (omitted)
2. Construction Dispute Adjudication
- At the time of the contract’s entry into force (or within days after signing the contract) (or any dispute arises during performance of the contract), the parties shall agree to refer any or all disputes arising out of this contract to the Dispute Adjudication Board (DAB) for resolution, DAB shall to be constituted by members appointed from CAA Register of Construction DAB Members.
- The parties agree that the Construction Dispute Adjudication Board Rules of the Chinese Arbitration Association, Taipei (CAA Construction DAB Rules) shall govern the Dispute Adjudication Board’s constitution (as referred to in the preceding paragraph), proceedings, decision-making, effect of adjudication decision and other related matters
- The parties □agree □disagree that the adjudication decision shall become final and binding after it is received by all parties, without any further consent by the parties, and that the parties shall comply with such adjudication decision.
3. Arbitration
- Where the parties fail to resolve their dispute in accordance with the preceding paragraph, the parties agree to refer such dispute to arbitration administered by the Chinese Arbitration Association, Taipei, in accordance with the Arbitration Law of Taiwan and CAA arbitration rules. The seat of arbitration shall be .
Model DRB Clause for Construction Contract
Article [insert number] Dispute Resolution
1. Contact Details and Negotiation (omitted)
2. Construction Dispute Review
- At the time of the contract’s entry into force (or within days after signing the contract), the parties shall agree to refer any or all disputes arising out of this contract to the Dispute Review Board (DRB) for resolution, DRB shall to be constituted by members appointed from CAA Register of Construction DRB Members.
- The parties agree that the Construction Dispute Review Board Rules of the Chinese Arbitration Association, Taipei (CAA Construction DRB Rules) shall govern the Dispute Review Board’s constitution (as referred to in the preceding paragraph), proceedings, decision-making, effect of review decision and other related matters.
3. Arbitration
- Where the parties fail to resolve their dispute in accordance with the preceding paragraph, the parties agree to refer such dispute to arbitration administered by the Chinese Arbitration Association, Taipei, in accordance with the Arbitration Law of Taiwan and CAA arbitration rules. The seat of arbitration shall be .