Lawyers hail idea of affordable arbitration

 

Under affordable arbitration, a person with expertise can be asked to solve a dispute on a pro bono basis or for a nominal fee. (Reuters pic)

PETALING JAYA: Two lawyers have welcomed a retired judge’s idea of affordable arbitration, saying its adoption can help reduce the backlog of shariah and civil cases.

Former Malaysian Bar president Salim Bashir and veteran civil lawyer Bastian Pius Vendargon said affordable arbitration was a less expensive alternative to existing shariah and civil processes.

The concept is the brainchild of former Court of Appeal judge Hamid Sultan Abu Backer. The idea is to have arbitration by a person with expertise in the subject at hand. Under the current practice, only lawyers and retired judges act as arbitrators.

“For example, a surgeon could arbitrate in a medical negligence case instead of a judge,” said Vendargon. “This arbitration is a simplified proceeding and could be done in a shorter duration.”

He said the arbitrator could resolve disputes on a pro bono basis or for a nominal fee.

It would be costly if a dispute went through the court process as litigants would have to engage counsel and pay costs, he told FMT.

Salim described the idea as “ingenious and workable”, saying it was in line with provisions in the Arbitration Act.

“It is an alternative to the trial process, which could be tedious and expensive,” he said. - FMT