Draft Message Of
Professor Datuk Dr. Haji Hamid Sultan Bin Abu Backer
Judge, Court of Appeal Malaysia (Rtd)
Affordable Arbitration and ADR Chambers will function as a non – legal chamber to facilitate the implementation of my researched concept popularly known as University cum Court Annexed Arbitration.
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I am grateful to the participating university and the promoters and many others who are joining me in the journey to make Arbitration and ADR affordable to the Ordinary man on the street. This journey will see the emergence of tsunami of Arbitrators and provide immediate training ground to the degree holders and members holding FCIArb or similar fellowship but have never sat as an arbitrator. This initiative if implemented with the support of all stakeholders of administration of justice in any country will help to immediately reduce backlog of cases in the court through a voluntary process and will save at least 50 per cent of the budget of the government spending to facilitate civil and commercial cases.
I invite all graduates who have an interest and knowledge in this area to join me in my global initiative and journey to make alternative dispute resolution mechanism affordable to the poor, needy and the oppressed.
Thank You.
Professor Datuk Dr. Haji Hamid Sultan Bin Abu Backer
Draft Message Of
Y.Bhg. Prof. Tan Sri Datuk Dr Hj. Mohamed Haniffa bin Hj. Abdullah
Pro-Chancellor & Executive Chairman MAHSA University
Now, more than ever, presents the need for a rational, just and humane channel of resolution to conflict that is the promise of arbitration. The last resort ought to be the sword. In essence Datuk Dr. Haji Hamid Sultan Bin Abu Backer has been able to build bridges out of diverse pillars to construct a means of dispute resolution that is accessible and relevant to the common man. This University cum Court Annexed Arbitration is game changing and indeed in its conception, implementation and potential impact, this is a legacy that will stretch far and wide for all stakeholders from participating members, administrators of justice and seekers of justice.
Indeed this is also a timely initiative at a moment when traditional routes to justice are choked and clogged. This initiative will be able to best use the manpower resources of the country to assist the weight and burden on the legal system whilst reducing the cost and indeed complexity that can sometimes inhibit and prohibit justice to be served.
I commend the inclusive approach taken to shatter and reengineer cogs of the legal system to create a solution whose potential can live up to its promise, especially for those in need and who otherwise will not have an opportunity for redress.
I wish this endeavour all the blessings of success.
I also take this opportunity to welcome Datuk Dr.Haji Hamid Sultan Bin Abu Backer, as a Research Professor of Arbitration and ADR to facilitate his concept with the support of the University.
Thank you.
Prof. Tan Sri Datuk Dr Hj. Mohamed Haniffa bin Hj. Abdullah
Draft Message Of
Dato’ Dr. Shahril Bin Professor Tan Sri Datuk Dr. Mohamed Haniffa
Group Managing Director, Mahsa Group
Affordable Arbitration and ADR Chambers PLT aims to spearhead a unique and ground-breaking concept of facilitating a dispute resolution method which is fast, effective, cost-saving and decisive i.e. the University cum Court Annexed Arbitration.
Currently, there are three forms of dispute resolution – mediation, court, and arbitration, and the role of Affordable Arbitration and ADR Chambers PLT will change the face of dispute resolution by working with Courts and Universities to provide a post-dispute arbitration. Highly qualified and specialized arbitrators who would have an in-depth knowledge of the subject matter in dispute would be sourced from universities and would provide their expertise on a pro-bono or minimal fee basis, working in tandem with the Courts to provide this alternative to parties already mired in the Court process. At this point, the Courts only offer mediation services which has the drawback of not allowing the parties a decisive conclusion. Essentially serving as an alternative to the Judge, an Arbitrator can bring the matter to a decisive conclusion, and I am honoured to have MAHSA University be a part of this ground-breaking venture to make Arbitration a viable dispute resolution tool, accessible to all.
Thank you.
Dato’ Dr. Shahril Bin Professor Tan Sri Datuk Dr. Mohamed Haniffa
Dato’ Dr. Shahril Bin Professor Tan Sri Datuk Dr. Mohamed Haniffa
Draft Message Of
Dato’ Bastian Vendargon
(Advocate & Solicitor)
AA-Affordable Chambers has been set up with specific goals and aims in mind. It is the brainchild of retired Justice Datuk Dr. Hj. Hamid Sultan Abu Backer to carry to fruition his researched University cum Court Annexed Arbitration concept.
This brings together legal and arbitral brains from the relevant professions as well as academia, who have a desire to provide affordable dispute resolutions, speedily, efficiently and with affordability, the foundations on which original arbitral process was conceived.
It should be an arbitral path which avoids the trammels of undue technicalities and bureaucracy, which in turn would defeat the original aims of arbitration.
AA-ADR Chambers therefore will strive to provide alternative dispute resolution to assist in reducing the courts workload, providing for speedy, efficient and effective dispute resolutions with Party Autonomy as a key feature.
It also aims to facilitate pro bono arbitrations as well as ad hoc arbitrations. The paramount feature in this concept shall be to achieve integrity in the attainment of just results. This effort is one which I am confident can provide a great deal to fill the lacuna in the arena of dispute resolution.
Thank You
Dato’ Bastian Vendargon
Draft Message Of
Mr. T. Gunaseelan Thambinathan
(Advocate & Solicitor)
AA- Affordable Chambers is an interesting initiative to advance affordable arbitration through the concept of university come court annexed arbitration.
This concept addresses important concerns about arbitration not just in Malaysia but also in other parts of the world. Arbitration is often hampered by astronomical costs and delay. Legal practitioners will attest to the fact that arbitration today suffers from astronomical costs and delay. Even party autonomy has disappeared from arbitration.
Justice (retired) Dato Dr. Hj Hamid Sultan Abu Bakar was always troubled by these concerns. His deep concern in this regard has led to AA-ADR Chambers. I have no doubt that this initiative will be well received not just in Malaysia, but in this region as well. Many senior practitioners have indicated their commitment to this cause. I am confident that this development in arbitration industry will be well received.
Thank You.
Mr. T. Gunaseelan Thambinathan
Draft Message Of
(Advocate & Solicitor)
The word, ‘affordable’ would appear to be a misnomer in litigation. High cost would sometimes be a key that may deprive a person from seeking to enforce or defend their rights in the legal process. Hence, the setting up of this chambers to assist those in these similar predicaments to seek legal redress with reduced financial exposure. Whilst the subject has been a mere concept developed by YA Datuk Hamid Sultan Bin Abu Backer in the past, today it has become a reality. Litigants now have an alternative to a swift and affordable means to a resolution of dispute. We hope to be the cog in the wheels of justice.
Thank You
Draft Message Of
(Advocate & Solicitor)
From the experience of having handled many arbitration and court litigation, my observation is this. Arbitration is a far less-tensed process than court litigation for the counsels, parties, factual witnesses and expert witnesses.
Unlike court litigation, in arbitration, the parties choose, directly or indirectly, their arbitrators. The significance of this is that an arbitral award is more readily accepted by the parties than a court decision. The result is that, with court decisions, the parties frequently appeal and thereby spend more time and costs in appeals.
The only set-back that I find with arbitration is that the cost is much higher than the cost in court litigation, thus most of the disputes end up in courts. This is because the arbitral tribunal, unlike a court, is substantially paid. Other factors contributing to the higher costs in arbitration include the fee payable to the arbitral institution (if any) and the hearing room charges incurred (if any). I cannot miss out another factor, namely, the unfamiliarity of the legal profession with arbitration, a high-cost affair.
The objective of this affordable ADR chambers is to make the difference. The fee payable to the tribunal is kept much lower and the hearing rooms are arranged at also much lower cost and there is no substantial fee payable to the ADR chambers.
Thank You.
Draft Message Of
(Advocate & Solicitor)
In the recent years, Arbitration, Litigation, Adjudication and Mediation have developed significantly in the legal industry, stemming from the increase of disputes between parties. Common issues faced by the public at large when seeking for dispute resolution are high costs and delays in disposal of matters.
The Affordable Arbitration and ADR Chambers set up by Justice Hamid Sultan (rtd.) tackles these problems by providing an alternative dispute resolution platform to the public to resolve their matters in a more cost effective and expedient manner. The Arbiters hearing the disputes will consist of esteemed and experienced members of the legal industry who will undoubtedly uphold the integrity of justice.
I look forward to seeing the success of this Chambers and I am certain that it will contribute to the betterment of the legal industry in Malaysia and internationally.
Thank You
Draft Message Of
Mr Thiyages
(Advocate & Solicitor)
Affordable Arbitration and ADR Chambers brings forth a concept as envisioned by Justice (Rtd) Dr Hamid Sultan, arbitration which will benefit every cross-section of litigants with propositions to revolutionise dispute resolutions.
This concept involves the facilitation of pools of qualified arbitrators with immense experience, professionals from various backgrounds.
As examples, arbitrators could comprise of legal practitioners, experts from the medical fraternity, architects and engineers. Insurance companies and litigants involving claims such MVA (motor vehicle accident) or professional negligence can benefit from this concept in a very big way. Litigants can also agree on the choice of the composition of arbitrators; there can be a sole arbitrator or 3 arbitrators sitting as a tribunal.
In the case of a tribunal of 3 arbitrators the plaintiff and the defendant can choose an arbitrator each and jointly agree on the 3rd arbitrator who shall function as the chairman of the tribunal.
In respect of the fee/cost, the dispute resolution can be on a pro bono or an affordable scheme basis.
In the example of the choice of a 3-member tribunal on the basis of affordable scheme, each party can pay a proposed affordable fee in respect of their choice of the arbitrator and both share equally the fee in respect of the chairman of the tribunal.
In short, the concept here is a new dawn in dispute resolution.
Thank You.
Mr. Thiyages
Draft Message Of
Dato’ Sri Dr. Ashgar Ali Ali Mohamed
Professor
Ahmad Ibrahim Kulliyyah of Laws (AIKOL)
International Islamic University Malaysia (IIUM)
Undoubtedly, the courts in many countries are burdened with the ever-increasing volume of cases where it is not uncommon for cases to take years before finally disposed and this inevitable has a negative impact on the very essence of justice besides the substantial litigation costs. In order to eliminate the courts burden, various alternative dispute resolution mechanisms have been implemented.
Arbitration has emerged as a popular alternative dispute resolution process. The disputing parties can appoint relevant arbitrators, select the applicable law and procedures, specify the time frame for dispute resolution and choose the place of arbitration. This is aside from the fact that the arbitration process is private and confidential. Furthermore, the arbitral award is final and binding and is generally not appealable. Despite the above merits, arbitration has its own setbacks and limitations such as high costs and possible delay in dispute settlement due to the busy schedules of the arbitrators.
In the search for more affordable alternative to cater the demands in the administration of justice, the ‘Universities-cum-Court annexed Arbitration’, a concept conceived and researched by the former Court of Appeal Judge, Datuk Dr. Hamid Sultan bin Abu Backer was explored.
Through this scheme, litigation filed in the court may be converted into arbitration and be heard by the university faculty members affiliated and accredited by the courts. It is well acknowledged that this is a brilliant idea with multi-fold benefits and undeniably, can effectively contribute to the development of the administration of justice.
To bring about its implementation, it has thus seen the emergence of the ‘Affordable Arbitration and ADR Chambers’. I have no doubts that the Chambers would be able to provide not only speedy dispute resolution but also affordable arbitration services to cater for the benefit of the public.
Thank You.
Dato’ Sri Dr. Ashgar Ali Ali Mohamed
Draft Message Of
Dr. Muhamad Hassan Bin Ahmad
Assistant Professor
Ahmad Ibrahim Kulliyyah of Laws (AIKOL)
International Islamic University Malaysia (IIUM)
In any given jurisdiction, population growth comes together with the increase of countless disputes arising out of various interactions among people. This state of affairs inevitably and immensely overburdens the administration of justice which has to dispose many cases with limited human resources and essential infrastructures.
As an endeavour to offer a viable solution to this challenge, former Court of Appeal Judge, Datuk Dr. Haji Hamid Sultan Bin Abu Backer, has been mooting to set up an alternative avenue which is swift and cheap in settling cases. In view of that, he took tireless initiatives to establish the ‘Affordable Arbitration and ADR Chambers’ – an outcome of his research concept known as ‘University cum Court Annexed Arbitration’ (Uarb) – with the prime intention to provide an additional avenue to resolve disputes in amicable manners with less expenses and technicalities whereby making alternative dispute settlement methods such as arbitration and mediation easily and affordably available to the general public.
This noble idea is fresh and groundbreaking in the field of dispute resolution at all levels, i.e., national, regional, and international. Accordingly, I am incredibly confident that the notion enshrined in the ‘Affordable Arbitration and ADR Chambers’ will deliver invaluable community services to the societies all over the world, and thereby assist in achieving the ‘Sustainable Development Goal 16: Peace, Justice and Strong Institutions’ set up by the United Nations.