Hamid Sultan bin Abu Backer (Prof.and Retired Judge)

(Retired Judge, Court of Appeal Malaysia: Prof.for Arbitration and Dispute Resolution MAHSA University; Hon.Prof.Maharashstra National Law University,at Aurangabad).

Justice Datuk Dr. Hj. Hamid Sultan bin Abu Backer, is an Honorary Fellow, Middle East Institute (MEI), National University of Singapore; and an Honorary Visiting Professor, Damodaran Sanjivayya National Law University (DSNLU), Visakhapatnam, India. He has served as an Adjunct Professor of International Islamic University Malaysia and Multimedia University, Malaysia (MMU). He is also Panel Advisor of Islamic Science University of Malaysia (USIM), as well as a barrister and a Fellow of the Chartered Institute of Arbitrators (London). His doctoral thesis was on Civil Procedure and Justice. He is also a graduate in Economics and holds a Master’s degree in Insurance, Shipping and Syariah Law with Honours from University of London. He holds Post Graduate Diplomas in Islamic Banking and Finance and in Syariah Law and Practice (IIUM).

Prior to his elevation to the bench, he had served as a member of the Malaysian Bar Council for over 6 years and held various position as Chairman in several committeesincluding Shipping and Admiralty. He has been invited as a visiting Scholar to speak at the University of Sheffield in United Kingdom. He also spoke on the Enforcement of Foreign Arbitral Awards in England at Chartered Institute of Arbitrators, London as well as at City University of London; Attorney General Chambers, Sri Lanka; Chennai, Ambedkar Law University; DSNLU Visakhapatnam; Leeds University, England; ‘Maison du Barreau de Paris, Paris; EBS University Wiesbaden, Germany; Hong Kong, University etc. He presented his paper on University cum Court Annexed Arbitration Concept in many countries and conferences including the U.K., Maldives, Papua New Guinea, India, etc. He had also spoken on Arbitration Clause in Islamic Finance Facilities in Doha, Hamad Bin Khalifa University Qatar; He participates in various other activities of universities such as examiner of PhD thesis, external examiner, Guest Speaker at International Conference, etc. He has written over one thousand judgments which had covered various areas of the law.

He has authored books on many subjects including Company Law, Constitutional Law, Oath of Office, Judicial Review with Public and Private International Law, Civil Procedure, Criminal Procedure, Evidence, Conveyancing, Islamic Banking, Legal Remedies, International and Domestic Arbitration as well as on other areas of commercial law. His books are widely used as text books in most institutions of higher learning, as well as by those involved in the practice and administration of law in Malaysia.

LANDMARK CONCEPTS FOR SOCIAL JUSTICE and AFFORDABLE ARBITRATION

In addition to his researched concept to provide affordable arbitration for matters filed in court which has been documented in a booklet titled ‘University cum Court Annexed Arbitration’ he developed what is now popularly referred to as constitutional oath jurisprudence over several judgments which is partly documented in a booklet titled ‘SOCIAL JUSTICE: Constitutional Oath, Rule of Law And Judicial Review to supplement rule of law applicable to the Executive, Legislature and Judiciary to assert that they must act as per their oath of office.(A free copy of both the concept can be downloaded at (www.janablegal.com)

JANAB’s Arbitration Moot Court and Award Writing

https://adrarbitrationchambers.com/congratulatory-messages/

Based on the University cum Court Annexed Arbitration concept, a pilot project is now being conducted with the support of MAHSA University to provide affordable arbitration. To train the arbitrators ‘JANAB’s Arbitration Moot Court and Award Writing’ methodology has been formulated by him with the support of Affordable Arbitration and ADR Chambers PLT to provide certification of attendance for arbitration theory and award writing as well as certification for award writing for the academia, lawyers etc. The object of the proposed Moot Court is to train all interested parties to assist in affordable arbitration for matters filed in court not only in Malaysia but also all countries which has adopted UNCITRAL Model Law 1985 like Malaysia, as per AA 2005.This is currently schedule to be a one-day training programme with zero costs except for refreshments etc. The programme is aimed to create a tsunami of arbitrators from academia, lawyers, as well others to provide affordable arbitration for matters filed in court. A special methodology for the Syariah regime is also being formulated and can be finalised upon the approval of stakeholders as well upon Moot demonstrations via JANAB’s Syariah Arbitration Moot Court and Award Writing.

JUDICIAL POSITION

Judicial Commissioner, High Court Kuching and Sibu, Sarawak (March 2007 – April 2009) Judicial Commissioner, High Court Kuala Lumpur (May 2009 – Sept 2009) High Court Judge, High Court Kuala Lumpur (Oct 2008 – 7 Jan 2013) Judge, Court of Appeal, Palace of Justice, Putrajaya (8 Jan 2013 – 27 Aug 2021 (see also https://www.change.org/p/law-justice-for-justice ; google -Happy retirement, Yang Arif Hamid Sultan )

Recent Books launched in August 2021

JANAB’S Key to Company Law with Commentary to Companies Act 2016 And Limited Liability Partnership Act 2012. JANAB’S KEY To CONSTRUCTION LAW, ADJUDICATION, MEDIATION, DOMESTIC AND INTERNATIONAL ARBITRATION With Commentary to CIPPA 2012 And AA 2005. JANAB’S KEY To Federal Constitution, Oath of Office, Rule of Law, And Judicial Review with Public and Private International Law.

Secretariat email: universityarbitrator@gmail.com

CV prepared by Secretariat