8/4/2019 FIDIC 1987 Settlement of Disputes

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Settlement of Disputes67.1 Engineers Decision: any dispute during the execution or after

the completion referred to Engineer. Within 84 days Engineer shall give his decision (Unless the

contractor has terminated, the contractor shall proceed with the works).

If the Engineer fails to give notice of his decision on or before the 84th day then give notice of his

intention to commence arbitration.

If any party be dissatisfied with any decision of the Engineer or then give notice of his intention

to commence arbitration.

If the Engineer has given notice of his decision, the Employer and the Contractor has no notice

of intention to commence arbitration on or before the 70th day; then said decision shall become

final and binding upon the Employer and the Contractor. (According to clause 67.4 Failure to

Comply with Engineers Decision, If the other party fails to comply with such decision, refer

the failure to arbitration straight away)

Amicable Settlement 67.2 Where notice of intention to commence arbitration has been given,

the parties shall attempt to settle such dispute amicably before the commencement of

arbitration.

Unless the parties otherwise agree, arbitration may be commenced on or after the 56th day

after the day on which notice of intention to commence arbitration of such dispute was given,

even if no attempt at amicable settlement thereof has been made.

Arbitration 67.3

Arbitrator/s shall have full power to open up, review and revise any decision, opinion,

instruction, determination, certificate or valuation of the Engineer related to the dispute.

Arbitration may be commenced prior to or after completion of the Works, provided that the

obligations of the Employer, the Engineer and the Contractor shall not be altered by reason of

the arbitration being conducted during the progress of the Works.