KUCHING: The first International Arbitration Centre (IAC) in Borneo is in the works in Sabah, and will be fully operational by the second quarter of this year.
It is being set up with Hainan International Arbitration Court (HIAC) and Sabah Law Society (SLS) as the initiator, and is fully supported by the judiciary and members of the Bar.
“The AIC will serve as a critical platform for arbitrators and arbitration counsels in Sabah to flex their expertise and to co-mingle with international arbitrators with the aim of promoting growth in alternative dispute resolution in the region,” said SLS president Roger Chin at the Sarawak and Sabah Legal Year function at the Court Complex here yesterday.
The centre aims to achieve three main objectives; first, to generate more work for Sabah lawyers as arbitration counsels (Sabah Advocates’ Ordinance restricts lawyers without a Sabah connection from practising here so by default, international arbitrations conducted in Sabah will require the services and support from the Sabah legal fraternity).
Second, to create opportunities for legal innovation and growth, through exposure to international disputes and the cross-fertilization of experiences between local and international arbitrators.
Third, to position Sabah as a centre for alternative dispute resolution in the BIMP-EAGA region, given its geographical position between the new capital of Indonesia and the Philippines, he said.
“As this international arbitration centre will be in its infancy, we welcome collaborative input from our neighbouring or sister centres within Malaysia and beyond.
“We believe that the road to being a mature arbitration centre is long and our aspirations may require sustained effort and support from many parties. However, we are blessed with a great team focused on execution, and we hope to announce some of these early initiatives soon.”
Meanwhile, the recently held inaugural Borneo Rainforest Law Conference (BRLC) in Kota Kinabalu saw the participation of 350 people including those from outside Sabah including the then president of the Philippine Bar Association and a representative of the Chief Justice of Singapore in his capacity as president of the Asean Law Association (Singapore).
Jointly organised by the Sabah Justices of the Peace Council (or known by its Malay acronym – MAJAPS), Pusat Sumber Adat and Mediasi Kaum Anak Negeri Sabah (Pusaka) or the Customs and Mediation Centre of the Sabah Natives), and the Sabah Judiciary.
“The goal of the conference was the advancement and better understanding of the indigenous peoples’ rights and the development of the law for indigenous peoples amidst this fast paced and ever evolving world.”
He added the participants were treated to lively presentations by notable speakers on indigenous peoples’ rights and the law from around the world, including speakers from Canada, New Zealand, Australia, Taiwan, Philippines, Sabah and Sarawak and the Peninsular Malaysia.
He hoped the conference would be held every two years in Sabah and Sarawak, and evolve into a key destination law conference in the region, if not internationally for niche areas of laws in which Sabah is very much part of such as Laws of the Seas, Hospitality Law and Environment Law.
Meanwhile, Malaysian Bar president Abdul Fareed Abdul Gafoor strongly urged the government to honour election pledges and follow through with its commitment to give full effect to the Malaysian courts’ recognition of the customary land and resource rights of indigenous minorities.
The Malaysian Bar has always been an active participant of the quest for rights of our indigenous communities, both in Peninsular and East Malaysia, having participated in several activities as well as having initiated several legal actions over the years, he said.
“Over the past decade, we have seen little effective legislative or executive action to recognise the customary rights of indigenous people to their lands, resources and territories despite there being more than a decade of judicial pronouncements by the Malaysian superiors courts legally recognising these rights.
“The inalienable right of all our indigenous peoples to free, prior and informed choice as to the future and their way of life, must be genuinely recognised and respected.”
He added the Bar’s positive stance and actions in regards to the indigenous communities would serve as a gold standard both regionally and internationally.