Appoint Asian arbitration director without further delay, Bar urges Putrajaya

 

Bar president Salim Bashir says the post is ‘absolutely imperative’ in enhancing the trust placed in the AIAC.

KUALA LUMPUR: The Malaysian Bar today expressed concern over the delay in appointing the director of the Asian International Arbitration Centre (AIAC) here, a position that has been left vacant since March.

Its president Salim Bashir said the position was absolutely imperative in retaining and enhancing the trust placed in the AIAC by the domestic and international community.

“The purpose of the director is to ensure that the AIAC is at the forefront as a provider of high-quality alternative dispute resolution services (ADR) ,” he said in a statement.

Salim said the Bar had written to de facto law minister Takiyiddun Hassan to voice its concern due to the vacancy following the death of Vinayak Pradhan.

The minister last month said the government was in the final stages of finding a replacement.

Salim said in the absence of a director, various aspects of the arbitral processes were unable to take place, such as the appointment of arbitrators, fixing of fees, and review of arbitral awards.

He said parties who wanted their ADR needs handled urgently might opt out of AIAC’s services and look towards other centres such as those in Singapore or Hong Kong.

“We hope that the government can appoint a new candidate as soon as possible in order to ensure that ADR services can continue smoothly and rebuild Malaysia’s reputation as an ADR powerhouse,” he said.

FMT had reported in September that Malaysia must consult the Asian-African Legal Consultative Organisation (AALCO), the parent body of AIAC, before the director can be appointed.

Pradhan was appointed as acting director on Nov 21, 2018 following the resignation of Sundra Rajoo, who had led the organisation for nine years.

However, AALCO had rejected Putrajaya’s appointment of Pradhan as director, saying it was not consulted about the appointment on May 8, 2019.

AALCO said in a letter to then de facto law minister Liew Vui Keong that under the 2013 Host Country Agreement, it must be consulted before the appointment was made. - FMT