M.Krishnamoorthy
A media coach, adjunct professor and author
A year ago, a letter was written to Prime Minister Anwar Ibrahim to help the poor and all Malaysians through affordable arbitration. The letter proposed to minimise court time, not subjugating the have-nots to long and expensive court trials.
The proposal, University cum Court Annexed Arbitration, was also commended highly by three law ministers, judges and leaders from around the world. The former and current law ministers are Rais Yatim, Syed Hamid Albar, Azalina Othman, Lord Nicholas Henry Bourne of Aberystwyth and several other leaders. Lord Nicholas was Memba er of House of Lords as well has held a Ministerial position in the UK.
The letter to PM pointed out that where disputes and grouses cannot be settled lawfully, could be heard by specially trained arbitrators.
Retired Court of Appeal Judge, Professor Datuk Dr Haji Hamid Sultan Abu Backer proposed in his letter dated 15th March 2023. Hamid Sultan’s legal team wrote the letter and has still not got any reply.
He has single-handedly been on a mission for the last six years planned to bring affordable arbitration to the masses to provide social justice based on natural justice.
Helping the poor and disadvantaged is not just about handouts or subsidies. Corruption and abuse of power can only be eradicated if those wronged can get access to justice. Law and institutional reforms are not just about enacting or consolidating laws, but every relevant piece of legislation should have an embedded alternate dispute settlement mechanism, rather than only court litigation. Hamid Sultan has explained the objective, mode of operation and other details of arbitration.
Malaysian courts are overburdened with cases, and what is the solution to clearing these cases?
Answer:
- Clear cases speedily through arbitration
- Reduce court time and government expenditure
- No more prolonged cases running into years
- Affordable with lesser cost through less time
- Train arbitrators in different specialised fields
- Reduce mental agony and healthcare costs
- Make Judiciary efficient
- Less stress on litigants, lawyers and Judges
- Win-win through fair and just arbitration
- Judiciary writing judgements time reduced
- Helps poor, needy and oppressed
- Reduces court litigation time
“The arbitrators can be trained by an expert legal team on pro bono terms. They can also train all the members of the Bar, the AG Chambers and the subordinate Judiciary including the academia,” the letter to PM pointed out.
The concept is a global solution to clear backlog via arbitration if there is no success in default judgment, summary judgment and/or mediation. This concept can be easily tested by a pilot project with consenting parties in subordinate courts.
Hamid Sultan sees his efforts as promoting social justice as well as a charitable initiative.
“This is a job for all of us to make it happen. My vision is to make Malaysia the first country to mainstream affordable arbitration, ahead of even developed countries. I pray Almighty will open the door for University cum Court Annexed Arbitration to be implemented soon,” Hamid Sultan said.
Those who wish to contribute any ideas for the arbitration to happen in Malaysia, please feel free to air your views to: arbitration@adrarbitrationchambers.com
Freelance Writer M. Krishnamoorthy (www.imkrishna.net) is a media coach, adjunct professor and undercover journalist. He has freelanced with Bernama, NST, The Star, and Malaysiakini. He also freelances as a fixer/coordinator for CNN, BBC, German and Australian Television networks and the New York Times. As an undercover journalist, he has highlighted society's concerns.
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