The Malaysian Bar - 2011/2012 Arbitration and Alternative Dispute Resolution Committee Interim Report

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2011/2012 Arbitration and Alternative Dispute Resolution Committee Interim Report

Wednesday, 21 September 2011 01:31pm

The Arbitration and Alternative Dispute Resolution Committee (“AADR”)’s first meeting was held on 13 June 2011 and the following activities were planned for the term:

(1) Organise a one-day refresher course for mediators in Kuala Lumpur, Perak (Ipoh) and Johore;
(2) Organise mediation skills training courses in Perak (Ipoh), Johore and Kuala Lumpur; and
(3) Follow up on the progress of the proposed Mediation Bill with the Attorney General’s Chambers.

After the second committee meeting on 9 Sept 2011, the subsequent meetings will be held on 2 Dec 2011, 13 Jan 2012 and 2 Mar 2012.

The first refresher course was presented by Gunavathi Subramaniam and Hendon Mohamed on 10 Sept 2011 at the Bar Council Auditorium. The next refresher course will be held on 3 Dec 2011 in Ipoh, Perak.

The details for the mediation skills training courses in Perak and Johore are as follows:

(1) 16 to 20 Nov 2011: 8:30 am to 5:00 pm at Heritage Hotel, Polo 1 & 2, Level 2, Jalan Raja DiHilir, 30350 Ipoh, Perak; and
(2) 23 to 27 Nov 2011: 8:30 am to 5:00 pm at Johore Bar Committee, Unit 7.02 and 03, 7th Floor, Menara TJB, 9 Jalan Syed Mohd Mufti, 80000 Johor Bahru, Johore.

On 22 July 2011, at the suggestion of the Customs Appeal Tribunal, the Chairperson welcomed Rungit Singh, Chairman of the Tribunal, who presented a talk entitled “Alternative Dispute Resolution at the Customs Appeal Tribunal” at the Bar Council Auditorium. Participants were informed that an appeal system, which is fair, transparent and efficient, has been established by the Tribunal with the objective of providing an avenue to parties aggrieved by the decisions of the Director General of Customs Malaysia.

The Tribunal also aims to enhance the efficiency of the tax administration appeal system to make it more business- and client-friendly. However, the only drawback noted is that advocates and solicitors are not allowed to participate in the Tribunal hearings. Rungit Singh informed the participants that this position is presently being reviewed by the relevant authorities.

AADR met with the President of the Industrial Court Malaysia on 12 Aug 2011 to discuss the possibility of conducting co-mediation on cases referred to the Industrial Court. Further details on this matter will be furnished soon.

AADR sought the Judiciary’s assistance in getting Justice Gordon Low from the United States to present a one-day seminar on mediation to Members of the Bar. Justice Gordon Low is a senior judge from California, USA, and an ardent practitioner of mediation. The seminar took place on 12 Sept 2011 at the Bar Council Auditorium with approximately 48 attendees.

Kuthubul Zaman Bukhari

Chairperson

Arbitration and Alternative Dispute Resolution Committee

Dated 21 Sept 2011

(1) Kuthubul Zaman Bukhari (Chairperson)

Members:

(2) Abdul Fareed Abdul Gafoor

(3) AC Vohrah

(4) Amirhamzah b Karim

(5) Choy Kam Lee

(6) Christina Khor

(7) Gunavathi Subramaniam