Rules and Procedures for the
Functions of Disputes Review Expert (DRE)
(e Clau 67 of Standard Special Conditions of Contract)
1. Except for providing the rvices required hereunder, the DRE shall not give any advice to either party or to the Engineer concerning conduct of the Works. The DRE:
(a) shall have no financial interest in any party to the Contract, or the Engineer, or a financial interest in the Contract, except for payment for his rvices;
(b) shall have had no previous employment by; or financial ties to, any party to the Contract, or the Engineer, except for fee-bad consulting rvices on other projects, all of which must be disclod in writing to both parties prior to lection as DRE;
(c) shall have disclod in writing to both parties prior to lection as DRE any and all recent or clo professional or personal relationships with any director, officer, or employ
ee of any party to the Contract, or the Engineer, and any and all prior involvement in the project to which the Contract relates;
(d) shall not, while rving as DRE, be employed whether as a consultant or otherwi by either party to the Contract, or with the Engineer, except as a DRE, without the prior connt of the parties;
(e) shall not, while rving as a DRE, engage in discussion or make any agreement with any party to the Contract, or with the Engineer, regarding employment whether as a consultant or otherwi either after the Contract is completed or after rvice as a DRE is completed;
(f) shall be and remain impartial and independent of the parties and shall disclo in writing to the Employer, the Contractor and the Engineer, any fact or circumstance which might be such as to cau either the Employer or the Contractor to question the continued existence of the impartiality and independence required of a DRE; and
(g) shall be fluent in the language of the Contract.
2. Except for its participation in the DRE’s activities as provided in the Contract and in this Agreement none of the Employer, the Contractor, and or the Engineer shall solicit advice or consultation from the DRE on matters dealing with the conduct of the Works.
3. The Contractor shall:
(a) Furnish to the DRE one copy of all documents which he may request including Contract Documents, progress reports, variation orders, and other documents pertinent to he performance of the Contract.
(b) In co-operation with the Employer, coordinate the Site visits of the DRE, including conference facilities, and cretarial and copying rvices.
4. The DRE shall begin his activities following the signing of a DRE’s Declaration of Acceptance, and he shall terminate the activities as t forth below:
(a) The DRE shall terminate its regular activities when either (i) the Defects Liability Period referred to in Sub-Clau 49.1 (or, if there are more than one, the Defects Liability
Period expiring last) has expired, or (ii) the Employer has expelled the Contractor from the Site pursuant to Sub-Clau 63.1, and when, in either ca, the DRE has communicated to the parties and the Engineer his Recommendations on all disputes previously referred to him.
(b) Once the DRE has terminated his regular activities as provided by the previous paragraph, the DRE shall remain available to process any dispute referred to him by either party. In ca of such a referral, the DRE shall receive payments as provided in paragraphs 7 (a)(ii), (iii) and (iv).
5. The DRE shall not assign or subcontract any of his work under the Rules and Procedures.
6. The DRE is an independent contractor and not employee or agent of either the Employer or the Contractor.
7. Payments to the DRE for his rvices shall be governed by the following provisions:
(a) The DRE will receive payments as follows:
(i) A retainer fee per calendar month equivalent to three times the daily fee established from time to time for arbitrators under the Administrative and Financial Regulations of the International Center for Settlement of Investment Disputes (the ICSID Arbitrator’s Daily Fee), or such other retainer as the Employer and Contractor may agree in writing. This retainer shall be considered as payment in full for:
(A) Being available, on 7 days’ notice for all hearings, Site Visits requested by either party.
(B) Being conversant with all project developments and maintaining relevant files.
