DRB decisions are advisory only for NHAI disputes above ₹10 crore
MoRTH OM (January 2026)
Open the sourceWhat the circular says
This Ministry of Road Transport circular formally clarified that Dispute Review Board recommendations are non-binding in nature for disputes exceeding ₹10 crore on NHAI projects. The circular aligns NHAI practice with the Supreme Court's 2023 position on DRB enforceability. Both parties are required to proceed through CCIE conciliation or formal arbitration regardless of whether a DRB has already issued a recommendation.
Contractor action
Do not treat a DRB recommendation in your favour as the end of the dispute. It is not an award. Continue filing for arbitration within the contractual time limit (typically 56 days from DRB recommendation) to preserve your rights.
Related circulars
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BOT Toll MCA amended: termination payment cap raised to 115% of TPC
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