University cum Court Annexed  Arbitration

University cum Court Annexed Arbitration

University cum Court Annexed Arbitration is a proposed concept by Malaysian jurist Datuk Hamid Sultan Abu Backer that integrates universities into the court system to resolve disputes through arbitration. It would allow university faculty members and trained graduates to act as arbitrators, leveraging their specialized knowledge for cases like civil and commercial cases which are arbitrable. The goal is to use existing university resources to reduce court backlogs, provide a cost-effective platform for dispute resolution, and offer a merit-based alternative to traditional litigation. 

Key Features:

University Involvement:

Empowers university faculty and train graduates to serve as arbitrators in their fields of expertise. 

Court Facilitation:

While the arbitration process itself is voluntary, courts would facilitate the process similarly to current court-annexed mediation programs. 

Cost-Effectiveness:

Aims to minimize costs, potentially allowing parties to cover their own expenses or utilize pro bono services from the panel. 

Merit-Based Approach:

Provides a platform for resolving disputes with the help of experts and professionals, rather than relying solely on the traditional court system of Magistrates and Judges. 

Specialized Dispute Resolution:

Utilizes the strength of university faculties to handle specialized cases, reducing the burden on courts and offering expert testimony on-site. 

Benefits of the Concept:

Reduces Court Backlog:

Offers a viable alternative for resolving disputes within the court system like Court Annexed Mediation.

Leverages Expertise:

Places experts in their respective fields as decision-makers, potentially leading to more informed and practical resolutions. 

Fosters ADR Awareness:

Provides a practical and accessible way for the public to engage with Alternative Dispute Resolution (ADR) mechanisms. 

Potential for Pro Bono Services:

The concept includes the possibility of pro bono arbitration from university faculty and graduates, making dispute resolution more accessible.