This is part 15 in an ongoing series on notices under FIDIC Silver Book 2017. This post covers the provision for notices in Clause 21 (Disputes in Arbitration).

Clause 21 (Disputes and Arbitration)
Sub-Clause 21.4 (Obtaining DAAB’s Decision). If a dispute arises, either Party may refer the dispute to the DAAB for its decision and within 84 days the DAAB shall give its decision in writing in line with Sub-Clause 21.4.3 (The DAAB’s Decision).

If the DAAB fails to make a timely decision, either Party may, within 28 days after this period has expired, give a Notice of Dissatisfaction (NoD) to the other party.

After the DAAB had given a decision, if either Party is dissatisfied with the decision fully or partly, within 28 days, such Party may give a NoD to the other party with a copy to the DAAB under Sub-Clause 21.4.4 (Dissatisfaction with DAAB’s Decision).

If there is no NoD within 28 days, the decision shall become final and binding on both Parties.

Except in certain cases, for example, if there is no DAAB in place, etc. Neither Party shall be entitled to commence arbitration of a dispute unless a NoD has been given in accordance with Sub-Clause 21.4.4 (Dissatisfaction with DAAB’s Decision).

Sub-Clause 21.5 (Amicable Settlement). When a Notice of Dissatisfaction (NoD) under Sub-Clause 21.4.4 (Dissatisfaction with DAAB’s Decision) has been given, both Parties shall attempt to settle the dispute amicably before the commencement of arbitration.

Sub-Clause 21.6 (Arbitration); Arbitration may be commenced on or after the 28th day from which the NoD was given.

This series is now complete and is available as a PDF by emailing the subject line Silver Book Notices to hello@instituteccp.com. Each post can be read on the blog at these links:
Part 1: An Introduction to Notices under FIDIC Silver Book 2017 Edition
Part 2: The Objective of Notices and What to Avoid
Part 3: Notices under Clauses 1-3
Part 4: Notices under Clause 4
Part 5: Notices under Clauses 5-6
Part 6: Notices under Clauses 7-8
Part 7: Notices under Clauses 9-10
Part 8: Notices under Clause 11
Part 9: Notices under Clause 12
Part 10: Notices under Clauses 13-14
Part 11: Notices under Clause 15
Part 12: Notices under Clause 16
Part 13: Notices under Clauses 17-18
Part 14: Notices under Clause 20
Part 15: Notices under Clause 21

This guest post was written by Mansoor Ali, FICCP and Jishma Joy. It is the final post in a multi-part series and was originally published as a LinkedIn video, viewable here