S&S
S & S Co.
Advocates & Solicitors
Bar Council of India: Notice

Important Disclaimer & Notice

As per the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise in any manner. By proceeding, you acknowledge that you are seeking information relating to S & S Co. of your own accord and that there has been no solicitation, advertisement or inducement by S & S Co. or any of its members.

The content of this website is provided solely for informational purposes and should not be construed as legal advice. S & S Co. shall not be liable for any consequence of any action taken by the user relying on material provided herein.

Any information shared through this website does not create an attorney-client relationship. Transmission of information herein is not intended to constitute, nor does receipt thereof constitute, an attorney-client relationship.

The contents of this website are the intellectual property of S & S Co. No part constitutes legal advice. Readers are requested to seek formal legal counsel before acting upon any information contained herein.
About Practice Areas Locations Legal Updates Legal News Team Blog Search Contact Us
Infrastructure & PPP · 9 June 2026

Dispute Resolution Boards: When Is a DRB Recommendation Binding?

An explainer on how DRB clauses in works contracts treat an unchallenged recommendation, why the notice of dissatisfaction deadline matters, and how parties seek interim enforcement.

By S&S Co. Advocates & Solicitors · Published 9 June 2026 · Informational content, not legal advice

About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.

Many works and infrastructure contracts, especially those based on FIDIC-style conditions, provide for a Dispute Resolution Board (DRB) or similar body to give recommendations before a dispute goes to arbitration. Whether a DRB recommendation is binding depends on the wording of the contract.

Some clauses make the recommendation binding on the parties unless one of them gives a notice of dissatisfaction within a stated period, often 28 days. Where the clause says so, a party that misses the deadline may find that the recommendation has become a binding contractual obligation, and the other party can seek to enforce it, including by an application for interim relief under Section 9 of the Arbitration and Conciliation Act, 1996. Other clauses treat the recommendation as only advisory.

Whether a party can enforce a DRB recommendation without a prior award, and how far a court will go at the interim stage, depends on the clause and on the court. A party may also challenge the recommendation by serving a notice of dissatisfaction on time and referring the dispute to arbitration.

Key Points

Newsletter

Fortnightly Legal Updates,
By Practice Area

A short digest of significant rulings, regulatory changes and practical guides across our practice areas, sent every two weeks. For general information only, not legal advice.

Get In Touch

Have a Question About
Infrastructure & PPP?

Tell us about your situation, and we'll help you figure out the right next step.

Contact S&S Co. →

A full-service law firm headquartered in Noida, Delhi and Kolkata, providing commercial litigation, arbitration, corporate advisory and regulatory counsel across Delhi NCR, Kolkata and pan-India.

Practice

Commercial Litigation Arbitration All 16 Practice Areas

Locations

Noida All Locations

Firm

Team Legal Updates Legal News Blog Newsletter Contact