Model Dispute Board Member Agreement

The Model Dispute Board Member Agreement, as detailed below, must be signed by every Dispute Board Member with all parties before Dispute Board activities can begin.

This Agreement is entered into between:

DB Member [full name, title and address] hereinafter the “Dispute Board Member” or “DB Member”


Party 1: [full name and address]

Party 2: [full name and address], hereinafter collectively referred to as the “Parties.”


The Parties have entered into a contract dated _____ (the “Contract”) for [scopeof work and/or name of project], which is to be performed in [city and country of performance];

The Contract provides that the Parties must refer their disputes to a [DRB, DAB or CDB] under the ICC Dispute Board Rules (the “Rules”); and

The undersigned individual has been appointed to serve as a DB Member.

The DB Member and the Parties therefore agree as follows:

  1. Undertaking

The DB Member shall act as [sole DB Memberpresident of the DBor DB Member] and hereby accepts to perform these duties in accordance with the terms of the Contract, the Rules and the terms of this Agreement. The DB Member confirms that he or she is and shall remain impartial and independent of the Parties

  1. Composition of the DB and Contact Details

[name, address, telephone, email and any other contact details]

President: [name, address, telephone, email and any other contact details]

Additional DB Members: [name, address, telephone, email and any other contact details of each person mentioned]

The Parties to the Contract are those indicated above with the following contact details:

Party 1: [name, person responsible for the Contract, address, telephone, email and any other contact details]

Party 2: [name, person responsible for the Contract, address, telephone, email and any other contact details]

Any changes in these contact details shall be immediately communicated to all concerned.

  1. Qualifications

With respect to any DB Member appointed by the Parties, the undersigned Parties recognise that such DB Member has the necessary attributes—including professional qualifications and language ability—to undertake the duties of a DB Member.

  1. Fees

For days on which the DB Member works less than [specify number] hours [set out agreement].

For days on which the DB Member works more than [specify number] hours [set out agreement].

  1. Payment of Fees and Expenses

All payments to the DB Member shall be made—without deductions or restrictions—to the following account: [name of bank, account number, SWIFT code, etc.]. The transfer charges shall be borne by the party making the transfer.

All payments shall be made within 30 days of receipt by a Party of the invoice from the DB Member.

  1. Duration and Termination of the Agreement

Subject to the provisions of this Article 6, the DB Members agree to serve for the duration of the DB.

The Parties may jointly terminate this Agreement or disband the whole DB at any time—with immediate effect—subject to payment of the monthly management fee for a period of [three] months.

The DB Member may resign from the Dispute Board at any time by giving [three] months’ written notice to the Parties.

  1. Indemnity

The Parties shall jointly and severally indemnify and hold harmless every DB Member from any claims of third parties for anything done or omitted in the discharge or purported discharge of the DB Member’s activities unless the act or omission is shown to have been in bad faith.

  1. Disputes and Applicable Law

All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules of Arbitration. This Agreement shall be governed by [specify applicable law]. The place of arbitration shall be [name of city/country]. The language of the arbitration shall be [specify language].

This Agreement is entered into on [specify date] at [specify place].

DB Member


Party 1


Party 2


Also viewed