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DAAB and dispute timeline

Key Clause 21 (2017) deadlines: DAAB decision — 84 days from referral (21.4.3), Notice of Dissatisfaction — 28 days after the decision (21.4.4), amicable settlement — 28 days (21.5), then arbitration.

DAAB

What this tool does

The timeline follows the Clause 21 periods of the 2017 editions: the DAAB decision within 84 days of referral (21.4.3), a Notice of Dissatisfaction within 28 days of the decision (21.4.4), a 28-day amicable settlement period (21.5), and then the route to arbitration opens. These are procedural periods: missing one changes not the amount but whether the next rung is available at all.

Where the inputs come from

  • The referral date — the date of formal referral to the DAAB, not the date the disagreement arose.
  • The date the DAAB decision was received — filled in once it actually arrives; until then the calculation shows the deadline.
  • If no DAAB has been constituted the timeline does not apply: the composition of the board has to be resolved first.

How to read the result

The critical point on the timeline is the Notice of Dissatisfaction deadline. Missing it normally makes the DAAB decision final and binding, closing the route to arbitration on that dispute. Meanwhile the decision itself is binding with immediate effect regardless of an NOD: disagreement opens the next rung but does not suspend the duty to comply.

What this tool does not account for

  • Does not account for modified periods where the Particular Conditions or DAAB Rules depart from the standard.
  • Does not check whether the DAAB is constituted or whether the requirements on composition and appointment were met.
  • Does not account for extensions of the periods agreed between the parties.
  • Does not show arbitration timetable steps — those follow the chosen rules (ICC or other), not Clause 21.

Questions

What if the DAAB does not issue a decision within 84 days?

The contract provides that where no decision is given in time, either party may serve a Notice of Dissatisfaction and move up the ladder. So an inactive board does not lock the process. But it is not a scenario to plan around: a DAAB decision often resolves the dispute more cheaply and faster than arbitration, so agreeing an extension is frequently better value than escalating.

Can arbitration be commenced without going through the DAAB?

As a general rule no: working through the Clause 21 steps is a condition of arbitrating, and attempting to bypass it usually invites a jurisdictional or admissibility objection. Narrow exceptions apply where there is no DAAB in place and none can be constituted. This is a point on which to take procedural advice before filing rather than after.