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9. ความเห็นไม่เป็นทางการของ DAAB
section of the Specification, they may ask (without offering their own
respective views) for its informal opinion on the interpretation of that
section, and use the DAAB response as a basis for further private
discussions and negotiations.
The parties should always be willing to enable the Engineer to
participate in consulting the DAAB for informal views, irrespective of
whether the disagreement is between the two parties or between
the Engineer itself and one of the parties.
(ii) Is DAAB’s informal opinion binding?
DAAB’ s advice or informal opinions are not given through the
procedure defined in Sub- Clause 20. 4 [Obtaining Dispute Board’s
Decision] of MDB Edition, but rather under Rule 2 of the Annex to the
Appendix to Clause 20. Consequently, it must be remembered that
DAAB informal
views are not binding on anyone, including the DAAB itself, and the
DAAB remains free to modify its views if a matter on which it gives an
informal view becomes a formal dispute as a result of a formal
referral to the DAAB for decision.
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