Introduce affordable arbitration in courts, PM urged

 

Lawyer Joy Appukuttan says affordable arbitration would reduce the costs of litigation and help clear the courts’ backlog of cases. (Facebook pic)

PETALING JAYA: A group led by a retired judge has reached out to Prime Minister Anwar Ibrahim to introduce affordable arbitration to reduce the backlog of civil cases in subordinate and shariah courts.

Its spokesman, Joy Appukuttan, said the concept was worth exploring, given that Anwar’s administration aimed to make meaningful institutional reforms.

He said the objective was to reduce costs for disputes filed in courts and referred to arbitration by consent of the parties.

“It will also reduce government spending on our court system,” he told FMT, adding that the proposal was made to the prime minister in a letter sent on Dec 27.

Appukuttan, a lawyer, said a pilot project could be introduced and later extended to the superior courts.

The brainchild of former Court of Appeal judge Hamid Sultan Abu Backer, the proposal would allow for disputes to be adjudicated by an arbitrator of the litigants’ choice at an affordable cost.

Under the current practice and in most instances, only lawyers, retired judges and professionals practising in specific professions, such as architects, act as arbitrators.

Appukuttan said a doctor, for example, could arbitrate a medical negligence case instead of a judge.

“Our concept is a simplified procedure and could be done within a short duration,” he added.

Appukuttan said that under the proposal, once an arbitrator had resolved a dispute, he would hand down an award which would be recorded in court as a consent judgment.

The arbitrator could resolve disputes arising from cases in the subordinate courts on a pro bono basis or for a nominal fee, Appukuttan added.

He said such disputes might be costly if they were to go through the usual court process as litigants would be liable to pay substantially higher legal costs.

The group calling for affordable arbitration comprises legal practitioners. It was set up in 2020 to promote the concept as part of a social justice initiative. Since then, it has held talks with various stakeholders including doctors and shariah judges.

It has also come up with a training module to empower arbitrators in matters filed in court. - FMT