Rules
PROVISIONAL RULES FOR PILOT PROJECT OF
‘AFFORDABLE ARBITRATION AND ADR CHAMBERS PLT’ (REGISTRATION NO: 202104002279 (LLP0028913-LGN) (AA-ADR CHAMBERS) PROVISIONAL RULES FOR ARBITRATION 2021 (AAA ARBITRATION RULES 2021)
TO FACILITATE A PILOT PROJECT WITH THE SUPPORT OF MAHSA UNIVERSITY AND ANY OTHER PARTICIPATING INSTITUTIONS.
INTRODUCTION
A. The ‘Affordable Arbitration and ADR Chambers PLT’ Provisional Rules For Arbitration 2021 (AAA Arbitration Rules 2021) is to primarily facilitate post-litigation reference of disputes present before the court to arbitration. However, parties to the Arbitration can also agree in writing for these Rules to be applied for ad hoc arbitration. These Rules are to facilitate a pilot project to provide pro bono and affordable arbitration to litigants in court proceedings consistent as far as practical with the researched concept of Datuk Dr. Haji Hamid Sultan bin Abu Backer, (retired Judge of the Court of Appeal, Malaysia) and referred to as University Cum Court Annexed Arbitration (www.janablegal.com). This Pilot Project will be carried out with the support facilities of MAHSA University.
B. The parties arbitration agreement herein, referred to as submission agreement, is a post-dispute arbitration agreement as opposed to the conventional pre-dispute arbitration agreement. Only Solicitors firms which have agreed to participate in this Pilot Project will be eligible to refer matters of their clients for pro bono and/or affordable and/or ad hoc arbitration subject to the terms of these Rules. There shall be no such restrictions for appointment of arbitrators from the Ad Hoc panel for matters which are not pending before the court.
C. The arbitration hereunder is conducted under the supervision of the AA – ADR Chambers (hereinafter referred to as the Supervising Institution). The parties in ad hoc arbitration agreement requesting for affordable or reasonable fees and charges for matters related to High Court are to agree in writing that AA-ADR Chambers shall be the Supervising Institution.
D. The two essential features of the arbitration under these Rules are that the arbitration reference is made by parties to pending litigation in court with the leave of court and the arbitration is conducted under AAA Arbitration Rules 2021 or any other Rules as agreed by the Parties, Arbitrator or Arbitration Panel as well as the Supervising Institution with such modifications as necessary. It is essential for parties before seeking leave of court to agree to submit to arbitration under AAA Arbitration Rules 2021 or as per the amended version, if any.
E. The arbitrator may be selected from the Supervising Institution Panel List of pro bono or affordable fee arbitrators or ad hoc arbitrators subject to the fee structure of AAA Arbitration Rules 2021 or as agreed by the parties. It is for the parties to agree upon a suitably qualified arbitrator or panel of arbitrators to deal with the subject matter of the dispute.
F. The Rules are in place to overcome two common setbacks that hold disputants from going to arbitration namely high costs and long delay involved in arbitration. These Rules make provision for a cost and time effective arbitration that will overcome both the common setbacks. The Supervising Institution, if so requested, can assist the parties to source for arbitrators from academia or legal practitioners etc within the budget limit of the parties.
G. This arbitration is time effective because the entire arbitration has to be completed within 6 months from the date of the submission agreement, failing which the arbitrator will not be entitled to his remuneration, if any. To achieve this end, sanctions by costs is automatically imposed on any party seeking adjournment or extension of time. Parties are discouraged from seeking the services of the Supervising Institution if any party intends to unreasonably delay the proceedings.
H. This arbitration model is cost effective, both in party-to-party costs and also in the arbitration cost. Party to party costs is capped at half the scale fee provided in the Rules of Court 2012, with provision that parties may agree in advance to no-cost or a different cost. The arbitrator’s remuneration is at the rate of RM500 per sitting-day for claims below RM1 million, with provision that the minimum number of claimable days is 5 and the maximum number is 10. For matters beyond the jurisdiction of the Sessions Court, the parties and the arbitrator may negotiate and agree in writing on the fees but for other charges etc., it shall follow the scale of charges set out in the schedule for Ad Hoc arbitration and/or to be agreed by the parties and the Supervising Institution.
I. It is quality effective inter alia because the awards drafted by the arbitrators are in effect vetted through by qualified members holding FCIArb. membership as well as by an advocate and solicitor.
J. These Rules are also first of its kind to provide arbitration option for matters filed in court and also for introducing an internal disciplinary mechanism in the event of inappropriate conduct by the arbitrator.
K. All payments related to moneys to be paid to the arbitrator upon the delivery of the award as has been agreed by the parties shall be paid to him directly or with consent of parties paid into a special account of the Supervising Institution where the compliance officer must also be a signatory. The compliance officer must be an advocate and solicitor and his firm of solicitors through the compliance officer will supervise the arbitration proceedings as well as the award with the assistance of a person holding membership of FCIArb. and will be entitled to nominal administrative fees from the parties as agreed by the parties and subject to the Supervising Institution Rules. The fees shall be shared equally between the compliance officer and the person holding membership of FCIArb. The said fees shall be paid upon the appointment of the arbitrator to the Supervising Institution.
L. The objective of the Supervising Institution inter alia is to tap the talents available in universities and their graduates and Alumni who may also be practitioners of law as well as other fields, into dispute resolution at an economical cost, and thereby also relieving the courts of their workload and save public money. The intended result is to provide a system of arbitration that is effective, economical and expeditious and also to stand as a viable alternative to litigation in selected cases. The detailed explanation of the concept and model fee structure is set out in a booklet referred to as University cum Court Annexed Arbitration and free e- copy is available at www.janablegal.com. The current fee structure and charges etc is set out in the schedule to this Rules. Only upon the full payment of the fees, charges etc as required to be paid as per the schedule to the Supervising Institution will the Supervising Institution commence its obligation.
M. The arbitrator will hear as amiable compositeur unless otherwise agreed.
N. All arbitral award will be available for publication in Supervising Institution website. Hence there shall be no confidentiality unless it has been agreed otherwise by the parties with the Supervising Institution.
PART I: AAA Arbitration Rules 2021
Definition
1. The Supervising Institution shall be AA – ADR Chambers. The Supervising Institution shall act through its Compliance Officer who shall be an Advocate & Solicitor. In his absence his responsibility shall be delegated to another advocate and solicitor from his firm or any such other person as the Supervising Institution shall determine.
Reference
2. Where the litigants in a court proceeding, with the consent of the court, have agreed in writing that the dispute between them shall be referred to and finally determined by arbitration, the dispute shall be referred to and finally determined by arbitration.
3. Before or after getting leave from the court parties are at liberty to appoint AA – ADR Chambers as Supervising Institution to facilitate the arbitration proceedings as per the AAA Arbitration Rules 2021 with the written consent of the proposed Arbitrator or any other Rules parties may agree with the consent of the Arbitrator and Supervising Institution.
Directions
4. Upon leave been granted by Court and the AA – ADR Chambers as the Supervising Institution has been appointed by the parties with the consent of the Arbitrator in writing, then the Arbitrator shall fix the first preliminary case management meeting within 5 working days from the date the court granted leave or as agreed by the parties or as per the direction of the Arbitrator and the parties shall furnish, by email, to the arbitrator with a copy of all pleadings and relevant documents already filed before the court inclusive of all orders made by the court.
5. At the first preliminary case management meeting:
(a) if the parties have agreed to make use of the documents filed in court and proceed with the hearing of the dispute the Arbitrator shall fix the hearing date and if the arbitrator so requests, the parties shall furnish the arbitrator with a hard copy of the above said documents.
(b) at the said meeting, the arbitrator shall, upon hearing the parties, if necessary, give his directions as to how the arbitral proceedings shall progress, including but not limited to:
I. whether the pleadings and/or any other documents already filed before the court will be adopted for purposes of the arbitral proceedings or the parties shall submit a new set of arbitration pleading comprising statement of case, statement of defence and counterclaim (if any), statement of reply and defence to counterclaim (if any), supported with relevant documents and with references made in the said arbitration pleadings;
II. any other and further documents to be submitted by the parties, including but not limited to, any further arbitration-pleadings, further common bundle of documents, common statement of issues, common statement of agreed facts, list of witnesses of each party, witness statements of each party, and proposed opening speech of each party setting out the facts in brief and the relevant law relied on by that party;
III. whether evidence shall be tendered by document-only mode or through sworn evidence or by mode of hearing witnesses or a combination including by taking evidence through remote communication technology as defined in the Court of Judicature Act 1964;
IV. any matters relating to discovery of documents;
V. dealing with expert evidence;
VI. language of arbitration;
VII. limiting the number of witnesses and the length of time for hearing of witnesses;
VIII. dealing with matters related to costs, arbitrator’s remuneration and expenses, administrative fee involved in the arbitral proceedings;
IX. dealing with appointing any person or persons to provide secretarial assistance to the arbitrator, which appointment may only be made with consent of parties and also agreement as to the fee for secretarial assistance if any, which must be paid by the parties in equal shares or as per the schedule to the Rules;
X. representation of parties in the arbitral proceedings, including any participating university providing representation by faculty members and/or students limited to assisting the parties to the dispute and with their consent;
XI. finding out from the parties if they want to pre-agree on costs of the proceedings, including an agreement of ‘no-costs’;
XII. fixing venue for the proceedings;
XIII. dealing with matters of compensation for loss of use of money in cases of disputes arising from Islamic finance facilities;
XIV. setting a timetable for the entire proceedings, including fixing time limit for each procedure within the arbitral proceedings; and
XV. parties with the consent of the arbitrator during the proceeding can agree to any suitable procedure which can expedite the arbitration process justly.
6. Where tendering of evidence has not been directed to be by document only mode, the arbitrator may direct or allow any party to tender evidence by documents, supported by a statutory declaration, provided that the other party shall be allowed to cross-examine the deponent if he so desires.
7. The arbitrator shall be at liberty to be guided by Order 34 of the Rules of Court 2012 in giving his directions to the parties as to how the arbitral proceedings shall progress.
8. The arbitrator shall be at liberty, upon hearing the parties, to vary his directions at any time, whether on his own motion or request of any party, as the justice of the case may require.
9. All directions given by the arbitrator shall be binding and deemed to be accepted by parties.
10. Subject to these Rules, the arbitrator shall have all powers permitted by law to ensure the just, expeditious, economical and final determination of the dispute, including the power to abridge or extend time periods prescribed by these Rules or as directed by him. In this regard, the arbitrator shall conduct the arbitration in such manner as he considers appropriate, save that at all times the arbitrator shall ensure that the parties are treated equally and are given reasonable opportunity to present their case.
11. The arbitrator shall be at liberty to adopt both adversarial and inquisitorial approach in conducting the arbitral proceedings to attain substantive justice.
12. The arbitrator shall allow amendment to arbitration-pleadings at any time subject to order as to costs or any other terms, provided that the proposed amendment does not substantively alter the character of the case and any prejudice suffered by the other party can be sufficiently compensated or dealt with by an order as to costs or such other terms. In the event that an amendment is allowed after the hearing of witnesses or otherwise receiving all evidence, then the arbitrator shall allow the parties to tender further evidence by recalling any witness or otherwise.
13. The parties may apply for, and the arbitrator may make, any interim award as the justice of the case requires.
Arbitration-pleadings
14. Without limiting its comprehensive nature, the Statement of Case or Claim shall contain the following information: – (a) A statement of the facts and particulars supporting the plaintiff ’s position in their claim; (b) Copies of all documents relied upon; (c) The contentions of fact and law supporting the plaintiff ’s position; d) All items of relief and remedy sought by the plaintiff; and (e) All quantifiable items of claim with accompanying calculations and breakdown (where applicable).
15. Without limiting its comprehensive nature, the Statement of Defence (and Counterclaim, if any) shall contain the following information: – (f) A confirmation or denial of the plaintiff ’s claim; (g) A statement of the facts and particulars supporting the defendant’s position in defending the claim; (h) Copies of all documents relied upon; (i) The contentions of fact and law supporting the defendant’s position; and (j) Where a counterclaim is advanced, the same kind of information that a claimant is obliged to give in his Statement of Case.
16. Without limiting its comprehensive nature, the Statement of Reply (and Defence to Counterclaim, if applicable) shall contain the following information: (a) A confirmation or denial of the defendant’s defence; (b) A statement of the facts and particulars supporting the plaintiff ’s position in replying to the defence; (c) Copies of all documents relied upon; (d) The contentions of fact and law supporting the plaintiff ’s position; and (e) Where a defence to counterclaim is advanced by the plaintiff, the same kind of information that a Respondent is obliged to give in his Statement of Defence.
17. For purposes of the counterclaim, if any, the defendant shall be treated as the plaintiff and the plaintiff shall be treated as the defendant.
18. In the event that no reply to the defence is submitted, joinder of issues shall apply.
Statutory and procedural matters
19. The arbitral proceedings and the rights and obligations of the parties in connection therewith shall be in all respects governed by the Arbitration Act 2005, save to the extent that the provisions of the Act are varied, modified or supplemented by these Rules. Where Rules are silent, the arbitrator shall be guided by the Rules of Court 2012 or any other written agreement of the parties related to the procedure with the consent of the arbitrator.
20. The venue of arbitration shall be the place determined by the Supervising Institution or such other place as the parties and arbitrator may agree and also the rental charges and support system of the venue etc must be paid by the parties in advance to the Supervising Institution or as per their direction. It is a condition precedent for parties to pay the rental and secretarial support charges for the venue inclusive of the Administrative Charges of the Supervising Institution before the venue of arbitration proceeding is fixed and has been agreed by the parties.
21. The arbitration conducted under these Rules shall be conducted by a sole arbitrator, unless otherwise agreed by the parties in the submission agreement, in which event all references herein to “arbitrator” shall mean the arbitral tribunal comprising the number of arbitrators as agreed.
22. The reference to these Rules in the submission agreement shall be deemed to refer to the current version of these Rules at the time of proceedings before the arbitrator, subject to any modification that the parties have agreed to in the submission agreement.
23. Parties and the arbitrator shall serve all notices, statements, submission or other documents under these Rules by e-mail, provided that the arbitrator shall be at liberty to additionally direct the parties to tender a hard-copy of any document served by e-mail for convenience of reference. It shall be deemed that a service has duly been made at the time when the e-mail was successful sent out. Any communication made by the arbitrator to any party shall be copied to the other party or parties. Similarly, any communication by any party to the arbitrator shall be copied to the other party or parties.
24. For the purposes of calculating a period of time prescribed by these Rules, the period shall begin to run on the day following the day when a notice, statement, submission or other document is served or when the act prescribed takes place. If the last day of the period is a weekend holiday or public holiday, the period is extended until the first day that is not a weekend holiday or public holiday. Weekend holiday or public holidays occurring during the running of the period of time are included in calculating the period. Any document due to be served by a particular date, shall be served at or before 4.00 p.m. on that day.
25. The parties are at liberty to initiate mediation or other ADR process notwithstanding the arbitration proceedings had commenced and record consent terms if any, partly or wholly before the Arbitrator completes and issues partial or final award as the case may be.
Remuneration and fee
26. The remuneration and expenses of the arbitrator shall be as prescribed by these Rules, applicable on the date of the submission agreement, and agreed by parties in writing which shall also include subsequent agreements in writing related to fees and expenses etc.
27. The administrative fee payable to AA – ADR Chambers as the Supervising Institution, and also other charges etc as prescribed as per the schedule to the Rules must be paid at the time of the appointment itself. In addition, all payments as per schedule related to MAHSA University shall also be paid.
28. The parties shall ensure that the remuneration due to the arbitrator and the administrative fees and charges etc referred to in the preceding paragraph have been deposited in full to the Supervising Institution or as per the schedule to the Rules before the first preliminary case management meeting and shall produce a copy of the receipts thereof to the arbitrator at the said meeting. This will also include payments to MAHSA University as per the schedule.
Defaults
29. If any party defaults in complying with these Rules or the directions made by the arbitrator, the arbitrator may proceed with the arbitration in the manner he considers fit and make an award, including an award by default.
30. In so proceeding with the arbitration, the arbitrator shall have regard to the justice of the case.
31. In the event that the arbitrator makes an award by default, any party may apply to the arbitrator to set it aside within 14 days of receipt of the said award supported by grounds for setting it aside, which the arbitrator may allow subject to costs and terms as he deems fit. A party making such an application shall have paid all contribution for fees and costs of the arbitration before making the application, and shall also undertake to pay any further fees which is just and reasonable in which case shall not exceed the affordable fees under this Rules.
Award
32. After receiving all the evidence and hearing the submission of parties, the arbitrator shall draft his award and furnish by email a copy of the same to the Supervising Institution together with a note in draft of all remuneration, expenses and fees and costs payable by the parties.
33. The Supervising Institution, upon receiving the draft of the award, may within 14 days, make any remarks as it deems fit for consideration of the arbitrator.
34. Upon receipt of such remarks, if any, the arbitrator shall make any amendment to the draft as he deems fit taking into consideration any remark made by the Supervising Institution, and thereupon inform the parties that the award is ready for collection subject to payment of any outstanding amount of the remuneration, expenses and fees approved by the supervising institution.
35. The arbitrator shall, by email, furnish the Supervising Institution a final note of remuneration and fee, which the Supervising Institution shall be at liberty to amend as it deems fit and inform the parties of the final amount of the remuneration, expenses and fee payable by the parties and any balance thereunder.
36. The parties thereafter shall ensure that the said outstanding sum, if any, is forthwith paid to the Supervising Institution, whereupon the Supervising Institution shall issue a payment clearance certificate to the parties with copy to the arbitrator.
37. Upon receipt of the payment clearance certificate, the arbitrator shall forthwith email the final award to the parties with copy to the Supervising Institution.
38. Upon receipt of the final award, the Supervising Institution shall publish the same in its website available freely to the public.
Costs and interest / compensation charges
39. The arbitrator may make such award as to interest, both post award and pre-award as compensation for loss of use of funds, as he deems just after hearing the parties on the issue of interest.
40. In making a decision as to interest, the arbitrator shall take into account any agreement of parties as to interest.
41. The remuneration, expenses and costs payable to the Supervising Institution etc and for the arbitrator shall in principle be borne by the unsuccessful party or parties. However, the arbitrator may apportion each of such costs between the parties if he determines that apportionment is reasonable, taking into account the circumstances of the case.
42. The arbitrator shall in the final award or, if it deems appropriate, in any other award, have the power to order party-to-party costs as he deems fit, provided that such costs shall not exceed half the amount of the scale cost found in the Rules of Court 2012 except where parties have agreed otherwise. In making an award for the party-to party costs, the arbitrator shall take into account reasonable costs incurred by the party entitled to costs in relation to stationary items, printing, travel and dispatch, witnesses, etc.
43. Any party seeking an adjournment of a date fixed before the arbitrator shall pay a sum of RM500 as costs, if the adjournment is allowed by the arbitrator. It shall be at the arbitrator’s discretion to allow or reject. Similarly, a party seeking any extension of time fixed by the arbitrator shall pay a sum of RM250 as costs, if the adjournment is allowed by the arbitrator. It shall be at the arbitrator’s discretion to allow or reject. The costs reserved herein shall be divided in two equal portions, and one portion paid to the arbitrator and the other portion to the other party or parties. The said payments shall be made within 1 working day after being notified of the adjournment or extension having been allowed. This part of the Rules shall also apply to cases where an Arbitrator sits as a pro bono Arbitrator as set out in the website of the Supervising Institution.
Time line for award
44. The receiving or hearing of all submissions shall be completed within 3 months after the date of the submission agreement.
45. The draft of the award required to be furnished to the Supervising Institution shall be so furnished within 1 month after the date when all the submission have been received or heard.
46. Within 1 month from the date of receipt of the above said draft of the award, the Supervising Institution shall revert to the arbitrator with its remarks if any.
47. Within 14 days after expiry of the above said period for the Supervising Institution to revert with its remarks, if any, the arbitrator shall make the final award, taking into consideration any remark made by the Supervising Institution, and inform the parties of its readiness for collection.
48. The time lines fixed above may be extended with consent of the parties.
49. In the absence of such consent, if the arbitrator fails to meet the time lines above, the arbitrator shall not be entitled to any remuneration under these Rules and the Supervising Institution may with the consent of at least one of the party appoint any other arbitrator from its panel list of arbitrators as arbitrator to take over the conduct of the proceedings subject to the new arbitrator’s consent in writing to take conduct of the matter. In appointing a new arbitrator, it is desirable for both parties to nominate by consent expeditiously, failing which the Supervising Institution may appoint a new arbitrator and inform the parties.
50. In the event of supervening inability of the arbitrator to continue with the proceedings, the Supervising Institution shall appoint another arbitrator with the consent of parties to continue the proceedings as part-heard matter but not de novo. Upon making such an appointment, the Supervising Institution shall with the consent of the parties agree to hold the fee paid by the parties to pay the Arbitrator in the first instance on the same terms as that of the newly appointed Arbitrator.
Amiable compositeur and trade custom
51. The arbitrator shall decide as amiable compositeur or ex aequo et bono, unless otherwise agreed by the parties in the submission agreement or in the first preliminary case management meeting.
52. In all cases, the arbitrator shall decide in accordance with the terms of the submission agreement and shall take into account any usage of trade applicable to the transaction.
Islamic Finance
53. In the case of a dispute in connection with Islamic Finance Facilities, the arbitrator shall ensure that any decision that he makes does not render unrecoverable any principal facility sum paid by the duly licensed financier to the customer and damages for loss of use of money, the quantum of which the arbitrator shall determine.
Exclusion of liability
54. Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, the Supervising Institution, its partners, servants. agents etc and any person appointed by the arbitrator based on any act or omission in connection with the arbitration.
55. This shall be without prejudice to the right of the parties to lodge a complaint against the arbitrator, including of any undue delay caused by the arbitrator, to the Supervising Institution or any other relevant institution the arbitrator is a professional and/or academic member for such body to take appropriate action.
CONDITION PRECEDENT
The following condition precedent shall apply:
A. The 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 also AA-ADR Chambers that it will accept the instruction.
Miscellaneous
56. University students, with the approval of the university and consent of the arbitrator, may be allowed to observe the arbitral proceedings.
57. For the purpose of this Pilot Project, parties shall be represented by Solicitors, except where the Solicitors have discharged themselves in writing. In such cases the parties must appear with their legal representative in compliance with the law.
58. Nothing in these Rules shall prevent the parties to settle their dispute by mediation, conciliation, negotiation or any other means of amicable settlement, before the award is published.
59. All proceedings before the arbitrator under these Rules shall be recorded.
60. The pro bono, affordable arbitrators and mediators may request before accepting the appointment, for a lump sum non-refundable travelling allowance of RM 500. This sum if agreed shall be paid to the AA-ADR Chambers on account of arbitrator or mediator to be released upon the Award being delivered or mediation completed as the case may be.
Training and Certification of University Arbitrators
61. The arbitrator(s) appointed under these Rules or conducting proceedings under these Rules shall where necessary be duly trained and be certified as ‘Panel List of University Arbitrators’ through the Supervising Institution, and the training, examination and certificate be given by at least one member holding membership of FCIArb and another practising advocate and solicitor of not less than 10 years standing. The training shall as far as practical be done by online mode.
62. The Supervising Institution with the recommendation of one member of FCIArb and another practising advocate and solicitor of not less than 10 years standing. may at their discretion as they deem fit permit any university graduate who in their view is competent to be certified for the ‘Panel List of University Arbitrators’ without being trained pursuant to the preceding paragraph. Similarly, any person holding a qualification, certificate or otherwise related to any other arbitration or law related body may be permitted to be certified as ‘Panel List of University Arbitrators’ without being trained pursuant to the preceding paragraph.
63. A person may be certified as ‘Panel List of University Arbitrators’ if he is a faculty member, a retired faculty member, a visiting faculty member or an alumnus of any participating university of at least 10 years standing in the respective professional practice.
PART II: DISPUTE WHICH HAS NOT BEEN FILED IN COURT
For dispute which has not been filed in court, parties to the dispute can agree for the dispute to be settled via AAA Arbitration Rules 2021 or any other Rules subject to the consent of the Supervising Institution and the proposed Arbitrator with such modification as agreed by parties to the dispute. The fees of the arbitrator as well as the relevant charges related to the Supervising Institution must be specifically agreed in writing.
PART III: SCHEDULES ARBITRATOR’S REMUNERATION
As shown in the attached ‘Schedule’
PART IV: SAMPLE FORMS SUBMISSION AGREEMENT
(Intitulement as in Action) Submission Agreement
The parties hereby confirm the court consent has been obtained to refer the dispute to arbitration. The seat of arbitration shall be Kuala Lumpur. The language used during the proceedings shall be Bahasa Melayu or English or both except for witnesses, in the event of witness giving evidence in a language other than Bahasa Melayu or English, the party calling this witness must provide a qualified interpreter and pay for the costs.
The Parties have voluntarily agreed to refer the dispute to Arbitration to Affordable Arbitration and ADR Chambers PLT under their Rules. A preliminary agreement has been reached between the parties, proposed arbitrator and the Supervising Institution that upon leave being granted by court the dispute will be referred to the AA-ADR Chambers as per the terms of the preliminary agreement.
PART V: NON-BINDING GUIDELINES
All the paragraphs appearing hereunder are merely for purposes of guidance to the Supervising Institution playing a role in the administration of arbitration under these Rules. They shall not be binding on the said Supervising Institution or any party. No challenge may be taken by any party for non-compliance or infringement of the said guidelines.
1. The role of the Supervising Institution shall include collecting all payments of fees, remuneration, expenses and deposits thereof, and paying the arbitrator the remuneration and expenses due to him and returning any due part of such payment to the parties, and taking any due part thereof as its own administrative fee, pursuant to these Rules.
2. In making the appointment of arbitrator, the parties shall take into account all relevant factors including suitability of the Arbitrator to hear the subject matter of the dispute.
3. The Supervising Institution shall handle all matters related to accounts, subject to the agreement of parties.
4. The pro bono panel stated in the website of the AA- ADR Chambers of the panel list may be available only during the ‘pilot project’ or extended period thereof.
5. The solicitors acting for the parties are fully aware that they are participating in a Pilot Project when it relates to pro bono or affordable arbitration or ad hoc arbitration and have agreed to act within the spirit and intent of the Rules in representing the parties under this Rules. All parties and arbitrator in accepting the services of the Supervising Institution shall undertake to expeditiously act to complete the arbitration process within 6 months or any extended time agreed by to by the parties.