建设工程领域新型争议解决方式——DAB机制的国际经验与中国探索

New Dispute Resolution Method in the Construction Engineering Field—International Experiences and Chinese Explorations of the DAB Mechanism

摘要: 随着全球经济合作和“一带一路”项目的推进，国际建设工程的规模和复杂程度越来越高。传统的诉讼、仲裁等争议解决方式，存在耗时长、费用高、容易激化矛盾等问题，难以满足现代工程需要。DAB机制凭借专业性强、流程灵活等特点，已在多个跨国工程中取得良好效果。但目前我国对DAB机制的运用仍处于起步阶段，存在法律定位不清、行业认知不足等问题。本文结合国际工程FIDIC 2017版合同条款和中国最高人民法院多元化纠纷解决政策，分析DAB机制的实际应用价值。

Abstract: With the advancement of global economic cooperation and the “Belt and Road Initiative” projects, the scale and complexity of international construction projects are increasing. Traditional dispute resolution methods such as litigation and arbitration have problems such as long-time consumption, high costs, and the tendency to intensify conflicts, making it difficult to meet the needs of modern engineering projects. The Dispute Adjudication Board (DAB) mechanism, with its strong professionalism and flexible procedures, has achieved good results in many multinational engineering projects. However, the application of the DAB mechanism in China is still in its infancy, with issues such as unclear legal positioning and insufficient industry awareness. This paper analyzes the practical application value of the DAB mechanism by combining the FIDIC contract (2017 Edition) for international engineering projects and the diversified dispute resolution policies of the Supreme People’s Court of China.