Affordable Arbitration and ADR Chambers LLP
Affordable Arbitration and ADR Chambers LLP
We aim at promoting and implementing the University cum Court Annexed Arbitration
The Chamber is aimed as a global initiative to promote and implement the University cum Court Annexed Arbitration – a researched concept conceived by Professor Datuk Dr. Haji Hamid Sultan Bin Abu Backer and the research facilitated by MEI, National University of Singapore as set out in a booklet referred to as University cum Court Annexed Arbitration. (See www.janablegal.com)
The Chamber does not provide any legal consultancy or other legal services. Its main business is to facilitate arbitration and ADR options for matters filed in court; and all forms of Domestic and International ADR services by providing hearing rooms, administrative support, a panel list of arbitrators, mediators and other ADR adjudicators subject to the agreement of administrative charges, fees etc; to be agreed by parties as per the rates set out by AA-ADR Chambers and / or as per Provisional Rules For Arbitration 2021 (AAA Arbitration Rules 2021).
The arbitration and mediation panel members will be ready and willing to offer their services on a pro bono or affordable fees basis for matters which have been filed in court and parties with leave of court have agreed to settle the matter by arbitration. The Ad-Hoc panel will deal with domestic and international arbitration or mediation. Parties and counsel must ensure that the subject matter referred for arbitration is arbitrable.
Proposed guidebook by the Chamber for Pro Bono and Affordable Arbitration: Janab’s Key to Construction Law, Adjudication, Mediation, Domestic and International Arbitration, Practice and Procedure with Commentary To CIPAA 2012 And AA 2005 by Professor Datuk Dr. Hj. Hamid Sultan Bin Abu Backer (2021).
Condition Precedent for reference to arbitration through the AA-ADR Chambers are as follows:
(a) Parties and counsel must ensure that only civil and commercial cases that are arbitrable are referred to AA-ADR Chambers.
(b) For matters pending in court, before leave is obtained from the court to refer the matter to arbitration, the parties must ensure that the matter is arbitrable and a preliminary agreement has been reached with the parties, arbitrators and AA-ADR Chambers that it will accept the instruction.
Panel list of Arbitrators and Mediators will consist of three types as follows:
(a) Pro Bono Arbitrators and Mediators.
Members from academia and graduates of all universities who have accepted the invitation of the Promoters of the LLP to be in the Panel List. This Panel Members will only sit in the weekend unless all parties including selected panel member have agreed otherwise. It is also limited to all matters related to Magistrate Court unless otherwise agreed by the parties.
NOTE: For pro bono arbitration the cost for hearing room, administrative charges etc for less than 5 days hearing will be approximately RM2,500/- subject to terms.
(For Pilot project only) Litigants shall have two choices. The first choice is to appoint a single arbitrator and an alternative choice is for both parties to jointly appoint an arbitrator who shall be the chairman and also both parties jointly appoint a co-arbitrator and request Professor Datuk Dr Haji Hamid Sultan bin Abu Backer to be the third pro bono arbitrator and, in the event, he is unavailable to request him to appoint any other person from the Ad Hoc panel if available and/or any other person whom he deems fit to be the third pro bono arbitrator.
In respect of any request for Adjudication, such a mode can be arranged on similar terms as far as practicable and all fees and charges are also negotiable
(b) Affordable Arbitrators and Mediators.
Members of the academia, university graduates, ex members from judicial and legal service-industrial court- tribunals etc inclusive of Advocates & Solicitors who have accepted the invitation of Promoters to be in the Panel List. All members of Pro Bono Panel List who have delivered five awards to the satisfaction of the Promoters of LLP is eligible to have their names in this list.
NOTE: For Affordable Arbitration for matters related to subordinate court the arbitrator’s fee and cost for hearing room, administrative charges etc. for less than 5 days hearing will be approximately RM5,000/- subject to terms.
In respect of any request for Adjudication, such a mode can be arranged on similar terms as far as practicable and all fees and charges are also negotiable.
(c) Ad hoc Panel of Arbitrators and Mediators.
This panel currently will consist of the Promoters and any person upon the invitation of the Promoters who have delivered 10 awards in the pro bono list or 5 awards in the Affordable list. It will deal with Domestic and International Arbitration. The fees, charges and terms are negotiable.
Fee for the Arbitrator can be as low as RM 20,000 if parties agree in writing to have the matter be heard similar to an Originating Process at the High Court with the right to cross-examine the witnesses who have given the statement by statutory declaration on specific issues with the leave of the Arbitrator. (A precedent form is available from AA-ADR Chambers – Parties are at liberty to amend as they deem fit).
Parties with the consent of the Arbitrator are at liberty to choose one co-arbitrator each on pro bono basis from the pro bono panel list of Arbitrators or two pro bono arbitrators on pro bono basis from the Academia in all ad hoc arbitration. In such event the Arbitrator chosen by both parties in the first instance shall be the Chairman of the Arbitral Panel. Parties must get the consent of the co-arbitrators to act as pro bono arbitrators in writing.
In respect of any request for Adjudication, such a mode can be arranged on similar terms as far as practicable and all fees and charges are also negotiable.
The current members of this panel are as follows:
(email: arbitration@adrarbitrationchambers.com)
CV- Profile of the panel members will be provided upon request.
The Ad Hoc panel is open to accept arbitrator appointments for domestic and international arbitration and to accept mediator appointments as per the preferred rules of the parties.
Draft Fee Note For Domestic Arbitration for a 180 days Slot on a Fixed Fees Basis to the Arbitrator and his Professional Secretary.
(1) A fixed fees of Ringgit Malaysia Ninety Thousand to be paid to the arbitrator as a fixed fee for a 180 days slot. An additional fee of Ringgit Malaysia Twenty Thousand to be paid to the Professional Secretary to be appointed by the arbitrator whose firm shall act also as stakeholder’s solicitors in this matter in respect of fees only.
(2) The payment schedule of fees to the arbitrator shall be in the following order:
(a)Ten Percent of the fee sum amounting to Ringgit Malaysia Nine Thousand to be Paid directly to the arbitrator upon both parties having agreed to appoint the arbitrator as per this draft fee note.
(b) Forty Percent of the fee sum amounting to Ringgit Malaysia Thirty-Six Thousand to be paid to the arbitrator-one week before the case management date.
(c) The balance Fifty Percent of the fee amounting Ringgit Malaysia Forty-Five Thousand to be deposited with the Solicitor’s firm of the Professional Secretary as stakeholders and be released to the arbitrator after 180 days of the first case management date.
(d) If parties are not able to complete their case and submission within 180 days from the case management date then each additional date for completion, the arbitrator shall be paid Ringgit Malaysia Five Hundred per day. And the arbitrator shall deliver the award within 30 days from completion of the submission with a grace of 60 days extension for the completion of the award.
(e) The arbitrator is only obliged to release the award to the parties upon full settlement of his fees and/or charges as per this Fee note or as has been agreed by the parties in writing.
(f) Notwithstanding the extension of the time period of the 180 days slot the balance 50 per cent fees held by the stakeholders’ solicitors must be released to the arbitrator at the end of 180 days slot or at the discretion of the arbitrator to accept it upon the completion of the award.
(3) The payment schedule for the Professional Secretary shall be as follows:
(a) Ten Percent of the fee sum amounting to Ringgit Malaysia Two Thousand to the Professional Secretary at the time of payment 2(a) as per the direction of the arbitrator.
(b) Forty Percent of the fee sum amounting to Ringgit Malaysia Eight Thousand to be paid to the Professional Secretary-one week before the case management date.
(c) The balance Fifty Percent of the fee amounting Ringgit Malaysia Ten Thousand to be deposited with the Solicitor’s firm of the Professional Secretary as stakeholders and be released to the Professional Secretary after 180 days of the first case management date.
The Professional Secretary’s fees will include the fees and charges for holding any payments as stakeholders for the arbitration proceedings and attending all proceedings .His services will include communicating to all parties to the arbitration proceedings as per the general and specific directions of the arbitrator as well as to facilitate and assist all parties to expeditiously and economically dispose of the arbitration within 180 days or other extended period agreed by the parties and arbitrator. And if the number of days the 180 days slot is extended the Professional Secretary shall be paid Ringgit Malaysia One Hundred Ringgit per day.
(4) The 180 days slot shall start from the first case management date. The pleadings, exchange of documents, witness statements etc are to be completed within 90 days from the first case management date. The hearing date shall be fixed in the first case management date and the hearing to be completed within 120 days from the first case management date. Submission shall be completed within 150 days from the case management date. The award must be ready for delivery within 180 days from the first case management date with a grace of 60 days extension to complete the award.
(5) Other support services and charges such as hearing rooms, translators, transcribers etc are to be borne by the parties and the Professional Secretary may assist the parties on all these matters as far as practicable. All such agreements can be informed in the first case management date itself. If the venue of arbitration is not within Klang Valley transport and hotel accommodation charges etc must be paid to the arbitrator as well as Professional Secretary in advance.
(6) The Professional Secretary shall be a practicing Solicitor.
(7) The 180 days slot shall comprise the following:-
(a) 5 days of Hearing wherein each Hearing Day shall be at a maximum of 6 hours;
(b) 2 Interlocutory Applications; and
(c) for every additional day of Hearing inclusive of Interlocutory Hearings, the arbitrator’s fee shall be Ringgit Malaysia Five Thousand and Ringgit Malaysia One Thousand as the fee in respect of the Professional Secretary.
(8) Fees and charges etc need to be agreed by all parties at the time of appointment of the arbitrator or soon thereafter before the payment of the ten percent of the fee sum to the arbitrator.
The business module of the Chamber will operate with the collaboration of sponsoring universities, institutions, law firms, etc, both in Malaysia and globally, to provide the necessary support to facilitate the ADR initiative at an affordable cost as well as to provide opportunity for qualified persons to become members of the arbitration panel. It will commence with a pilot project initiative based on party autonomy concept.
The Chamber is currently in the midst of developing its business module with the support of a university in Malaysia. More information will be available soon.