取得争端裁决委员会的决定

如果双方间发生了有关或起因于合格或工程实施的争端（不论任何种类），包括对雇主的任何证明、确定、指示、意见或估价的任何争端，在已依照第20.2款[争端裁决委员会的任命]和第20.3款[对争端裁决委员会未能取得一致]的规定任命DAB后，任一方可以将该争端事项以书面形式提交DAB，并将副本送另一方，委托DAB做出裁定。此项委托应说明是根据本款规定做出的。

对于3人DAB，该DAB应被认为，在其主席收到委托的日期已收到该项委托。

双方应立即向DAB提供，DAB为对该争端做出决定可能需要的所有资料、现场进入权及相应设施。DAB应被认为不是在进行仲裁人的工作。

DAB应在收到此项委托、或附录——争端裁决协议书一般条件第6条中提到的预付款额，二者中较晚的日期后84天内，或在可能由DAB建议并经双方认可的此类其他期限内，提出它的决定，决定应是有理由的，并说明是根据本款规定提出的。但是，如果任一方未能对每未成员按照附录第6条的规定提交的发票全部付清，在直到该发票全部被付清前，DAB应有权不提交它的决定。决定应对双方具有约束力，双方都应立即遵照执行，除非并直到如下文所述，决定在友好解决或仲裁裁决中应做出修改。除非合同已被放弃、拒绝、或终止，承包商应继续按照合同进行工程。

如果任一方对DAB的决定不满意，可以在收到该决定通知后28天内，将其不满向另一方发出通知。如果DAB未能在收到此项委托或此项付款后84天（或经认可的其他）期限内，提出其决定，则任一方可以在该期限期满后28天内，向另一方发出不满的通知。

在上述任一情况下，表示不满的通知应说明是根据本款规定发出的，并应说明争端的事项和不满的理由。除第20.7款[未能遵守争端裁决委员会的决定]和第20.8款[争端裁决委员会任命期满]所述情况外，除非已按本款规定发出表示不满的通知，任一方都无权着手争端的仲裁。

If a dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of, the Contract or the execution of the Works, including any dispute as to any certificate, determination, instruction, opinion or valuation of the Employer, then after a DAB has been appointed pursuant to Sub-Clause 20.2 [Appointment of the DAB] and 20.3[Failure to Agree DAB], either Party may refer the dispute in writing to the DAB for its decision, with a copy to the other Party. Such reference shall state that it is given under this Sub-Clause.

For a DAB of three persons, the DAB shall be deemed to have received such reference on the date when it is received by the chairman of the DAB.

Both Parties shall promptly make available to the DAB all information, access to the Site, and appropriate facilities, as the DAB may require for the purposes of making a decision on such dispute. The DAB shall be deemed to be not acting as arbitrator(s).

Within 84 days after receiving such reference, or the advance payment referred to in Clause 6 of the Appendix-General Conditions of the Dispute Adjudication Agreement, whichever date is later, or within such other period as may be proposed by the DAB and approved by both Parties, the DAB shall give its decision, which shall be reasoned and shall state that it is given under this Sub-Clause. However, if neither of the Parties has paid in full the invoices submitted by each Member pursuant to Clause 6 of the Appendix, the DAB shall not be obliged to give its decision until such invoices have been paid in full. The decision shall be binding on both Parties, who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below. Unless the Contract has already been abandoned, repudiated or terminated, the Contractor shall continue to proceed with the Works in accordance with the Contract.

If either Party is dissatisfied with the DAB’s decision, then either Party may, within 28 days after receiving the decision, give notice to the other Party of its dissatisfaction. If the DAB fails to give its decision within the period of 84 days (or as otherwise approved) after receiving such reference or such payment, then either Party may, within 28 days after this period has expired, give notice to the other Party of its dissatisfaction.

In either event, this notice of dissatisfaction shall state that it is given under this Sub-Clause, and shall set out the matter in dispute and the reason(s) for dissatisfaction. Except as stated in Sub-Clause 20.7[Failure to Comply with Dispute Adjudication Board’s Decision] and Sub-Clause 20.8[Expiry of Dispute Adjudication Board’s Appointment], neither Party shall be entitled to commence arbitration of a dispute unless a notice of dissatisfaction has been given in accordance with this Sub-Clause.

If the DAB has given its decision as to a matter in dispute to both Parties, and no notice of dissatisfaction has been given by either Party within 28 days after it received the DAB’s decision, then the decision shall become final and binding upon both Parties.