The Arbitration And Mediation Agreement serves as a crucial legal framework for parties seeking to establish a clear and efficient dispute resolution mechanism under Malaysian law. This document is typically used when parties wish to avoid lengthy and costly court proceedings by agreeing to resolve their disputes through alternative dispute resolution methods. It incorporates the requirements of the Malaysian Arbitration Act 2005 and Mediation Act 2012, while also considering international best practices and the rules of the Asian International Arbitration Centre (AIAC). The agreement is particularly valuable for commercial relationships where maintaining business relationships is important, as it provides a more amicable and confidential approach to dispute resolution compared to litigation. It includes comprehensive provisions for both domestic and international disputes, making it suitable for a wide range of commercial relationships.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context of the agreement and the parties' intention to resolve disputes through ADR
3. Definitions: Key terms used throughout the agreement, including specific Malaysian legal terminology
4. Scope of Agreement: Types of disputes covered by the agreement and jurisdiction
5. Mediation Process: Procedures for initiating and conducting mediation, including timeframes and mediator appointment
6. Arbitration Process: Procedures for initiating and conducting arbitration, including tribunal composition and applicable rules
7. Relationship between Mediation and Arbitration: Clear stepped process from mediation to arbitration, including triggers for progression
8. Seat and Venue: Specification of Malaysia as the seat of arbitration and venue for proceedings
9. Governing Law: Confirmation of Malaysian law as governing law and relevant legislative framework
10. Confidentiality: Obligations regarding confidentiality of both mediation and arbitration proceedings
11. Costs: Allocation of costs for both mediation and arbitration processes
12. General Provisions: Standard clauses including notices, amendments, and severability
1. Emergency Relief: Procedures for seeking emergency interim relief before tribunal constitution
2. Multi-party Provisions: Special provisions for disputes involving multiple parties
3. Expert Determination: Additional option for technical disputes to be resolved by expert determination
4. Language of Proceedings: Specification of language(s) for proceedings if not default to English/Malay
5. Technology and Virtual Hearings: Provisions for conducting virtual proceedings and using technology
6. Appeals Process: Optional provisions for appeals against arbitral awards
1. Schedule 1: Mediation Rules: Detailed rules for the conduct of mediation, including AIAC Mediation Rules
2. Schedule 2: Arbitration Rules: Detailed rules for the conduct of arbitration, including AIAC Arbitration Rules
3. Schedule 3: Fee Schedule: Details of administrative fees, mediator/arbitrator fees, and other costs
4. Schedule 4: Model Forms: Standard forms for notices, appointments, and other procedural documents
5. Appendix A: Mediator/Arbitrator Qualifications: Required qualifications and experience for appointed mediators and arbitrators
6. Appendix B: Code of Ethics: Ethical guidelines for mediators, arbitrators, and parties during proceedings
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