NEWSLETTER-2019-metin

157 ARBITRATION LAW These form contracts include mechanisms to avoid disputes prior to arbitration. The FIDIC conditions provide for a Dispute Avoidance and Adjudication Board (“DAAB”), which the parties can agree to, and may jointly request, the DAAB to provide assistance and/or in- formally discuss and attempt to resolve any issue or disagreement that may have arisen between them. The DAAB may also invite parties to make such a joint request 3 . Other similar mechanisms are the Dispute Review Boards and the ICC’s Combined Dispute Board 4 . These Dispute Boards can help provide informal assistance to avoid disagreements; they are able to grant interim or conservatory measures and may be less costly and more time effective. Selection of Arbitrators The Report lists certain qualifications for selecting arbitrators, and recommends the International Arbitration Practice Guideline on Interviews for Prospective Arbitrators, published by the Chartered Institute of Arbitrators (CIArb) as a useful tool. These key qualities are: • Knowledge of the construction industry, construction cont- racts and their interpretation (i.e. FIDIC); • Case management skills; and • Familiarity with cultural aspects. The arbitrator should be “ cross-functional, ” as well as a “ con- struction professional, ” with the ability to understand the technical and legal issues 5 . The ICC recommends that the arbitration agreements should pro- vide for “one or more arbitrators” without making a definite selection at the start, and advises drafters to refrain from making explicit list- ings of qualifications for the arbitrators in the arbitration agreements 3 Red, Yellow and Silver Books, Sub-Clause 21.1. 4 Report, par. 1.5. 5 Report, par. 2.1. (a).