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On the Vocation of Dispute Boards

Author: Gilles PILLET

Type: Article

ref: 32017253-264

N0:3 of 2017

Pages: 253-264

This report contains an account of the discussions at the roundtable event organised by the Revue de Droit des Affaires Internationales (RDAI) and moderated by Gilles Pillet, on the topic of Dispute Boards (DB), which may also be called dispute review boards or dispute adjudication boards, which are provided for in certain international contracts, especially in the construction sector. At the roundtable, a number of legal affairs directors, one company director and several lawyers and academics were invite to share their experience of the subject and to put forward their point of view on the questions raised at a series of preliminary meetings. The participants were: Peter Rosher (Pinsent Masons, Paris), Éric Thomas (Lagardère), Claude Dubreuil (IDEST), Henry Lesguillons (Emeritus Professor), Delphine Siino Courtin (Clifford Chance, Paris), Michel Trochu (Emeritus Professor, Tours), Nadine Mondet (MDBA), Gilles Pillet (Professor of Business Law ESCP Europe). The roundtable also featured a telephone interview with Paul A. Gélinas (lawyer, Paris), who had already received a set of questions chosen by the working group.In order to facilitate an open discussion, the roundtable was held under the Chatham House Rule, that is to say that neither the identity nor the affiliation of the speaker(s), nor that of any other participant, is revealed.The background to the discussion was the idea that the DB mechanism, which has already proved itself a success in large construction projects, merits closer examination and from different angles so as to be able to gauge the reasons for this success, and whether or not it can be used fields outside its original domain. The participants agreed from the outset that of the many questions raised by DBs, three merited particular attention and were of a nature to encompass the others. These were, first of all, the identification of the nature of the DB, secondly its attractiveness and finally, the possible fields of application.