争端裁决委员会的任命

争端应按照第20.4款[取得争端委员会的决定]的规定，由争端裁决委员会（简称DAB）裁决。双方应在一方向另一方发出通知，提出按第20.4款将争端提交DAB的意向后28天内，联合任命一个DAB。

DAB应按专用条件中的规定，由具有适当资格的一名或三名人员（“成员”）组成。如果对委员会人数没有规定，且双方没有另外协议，DAB应由三人组成。

如果DAB由三人组成，各方均应推荐一人，报他方认可，双方应同这些成员协商，并商定第三名成员，此人应任命为主席。

但如果合同中包括有备选成员名单，除有不能或不愿接受DAB的任命外，成员应从名单上的人员选择。

双方与该唯一成员（裁决人）、或该三人成员的每个人间的协议书，应参考本通用条件附录的争端裁决协议书一般条件，结合他们间商定的此类修订意见拟订。

该唯一成员或三人成员中的每个人的报酬条件，应由双方在协商任命条件时共同商定。每方应负担上述报酬的一半。

如果经双方同意，他们可以在任何时候任命一位或几位有适当资格的人员，替代DAB的任何一位或几位成员。除非双方另有协议，在某一成员拒绝履行职责，或因其死亡、无行为能力、辞职、或任命期满而不能履行职责时，上述替代任命即告生效。替代任命应按照本条款所述对被替代人在提名或商定时所需的同样方式进行。

对任何成员的任命，可以经过双方相互协议终止，但雇主或承包商都不能单独采取行动。除非双方另有协议，对DAB（包括每位成员）的任命应在DAB已就根据第20.4款提交给它的争端做出决定时期满，除非这时又有其他争端根据第20.4款提交给DAB，在此情况下，相应的期满日期应是DAB也对这些争端做出决定时。

Disputes shall be adjudicated by a DAB in accordance with Sub-Clause 20.1 [Obtaining Dispute Adjudication Board’s Decision]. The Parties shall jointly appoint a DAB by the date 28 days after a Party gives notice to the other Party of its intention to refer a dispute to a dispute to a DAB in accordance with Sub-Clause 20.4.

The DAB shall comprise, as stated in the Particular conditions, either one or three suitably qualified persons (“the members”). If the number is not so stated and the Parties do not agree otherwise, the DAB shall comprise three persons.

If the DAB is to comprise three persons, each Party shall nominate one member for the approval of the other Party. The Parties shall consult both these members and shall agree upon the third member, who shall be appointed to act as chairman.

However, if a list of potential members is included in the Contract, the members shall be selected from those on the list, other than anyone who is unable or unwilling to accept appointment to the DAB.

The agreement between the Parties and either the sole member (“adjudicator”) or each of the three members shall incorporate by reference the General Conditions of Dispute Adjudication Agreement contained in the Appendix to these General Conditions, with such amendments as are agreed between them.

The terms of the remuneration of either the sole member or each of the three members shall be mutually agreed upon by the Parties when agreeing the terms of appointment. Each Party shall be responsible for paying one-half of this remuneration.

If at any time the Parties so agree, they may appoint a suitably qualified person or persons to replace any one or more members of the DAB. Unless the Parties agree otherwise, the appointment will come into effect if a member declines to act or is unable to act as a result of death, disability, resignation or termination of appointment. The replacement shall be appointed in the same manner as the replaced person was required to have been nominated or agreed upon, as described in this Sub-Clause.

The appointment of any member may be terminated by mutual agreement of both Parties, but not by the Employer or the Contractor acting alone. Unless otherwise agreed by both Parties, the appointment of the DAB (including each member) shall expire when the DAB has given its decision on the dispute referred to it under Sub-Clause 20.4, unless other disputes have been referred to the DAB by that time under Sub-Clause 20.4, in which event the relevant date shall be when the DAB has also given decisions on those disputes.