Informal dispute assessment (H-cases)

Informal assessment or anticipatory dispute resolution is the same. In order to place more focus on this option, the Board decided in 2015 to rename the rules and modernize the content. The new rules on informal assessment have been in effect since October 1, 2015. 

The purpose of the rules on informal assessment is to provide an alternative to arbitration. The goal is to ensure a quick resolution of an arising conflict through very simple procedures, enabling progress, possibly in the midst of a construction process. Both parties must agree to this.

The Arbitration Board will, upon request, appoint an assessor to provide an opinion on technical, economic, legal, or administrative matters. The assessor can therefore be either a professional in the field or a legal expert. The assessor is not to mediate, but rather to provide their own assessment.

The assessor will only present a verbal opinion at a meeting with the parties. The opinion is not legally binding and will have no legal significance in any subsequent arbitral case.

The fee is calculated based on the time spent and is determined by the Arbitration Board. Following a recommendation from the assessor, the Board decides on the allocation of costs between the parties. The parties are jointly and severally liable for the total expenses.

Rules

The Arbitration Board rules in informal dispute assessment were adopted by the board on 31 August 2015. The rules are based on previous rules on anticipatory dispute resolution from 1993.

Informal dispute assessment cases and anticipatory dispute resolution cases are referred to as H-cases.

The Arbitration Board has drafted a proposal for a clause that can be applied in new agreements or in an annex to existing agreements if desirable.