From left to right: Tan Kee Heng, Dato’ Varghese George, Datuk Clement Skinner, Dato’ Mah Weng Kwai, Datuk Yew Jen Kie, Tan Sri James Foong, Datuk Douglas Sikayun and Datuk Martin Indang
The Borneo International Centre for Arbitration and Mediation (BICAM) provides arbitration and mediation services as alternative dispute resolution (ADR) options in the region, especially for business-related disputes. BICAM, located at Kota Kinabalu, Sabah, is the first arbitration centre to be established in Borneo.
With the rising costs of traditional court proceedings, there is a noticeable trend towards seeking more practical dispute resolution methods. BICAM caters to this by offering both mediation, which encourages open discussion, and arbitration, which follows a structured approach to dispute resolution. BICAM aims to provide a platform for parties to navigate and resolve their disputes efficiently.
BICAM held its Opening Ceremony and Conference on 20 July 2023. Our consultant, Dato’ Mah Weng Kwai attended the inaugural event and moderated the session titled “Why Do You Choose Arbitration or Why Do You Not Choose Arbitration? – From the Perspectives of End Users, Parties’ Representatives and Arbitrator”. Dato’ Mah is a BICAM Council Member.
Dato’ Mah Weng Kwai played a significant role in the drafting of the BICAM Arbitration Rules and Mediation Rules (BICAM Rules). The BICAM Rules set the framework for which parties can rely on when resolving disputes by arbitration or mediation.
The BICAM Rules were launched at BICAM’s Launch and Conference on 12 October 2023. Our Mr Michael Koh, who heads our construction law team, attended the hybrid event in person at the Sabah International Convention Centre (SICC). Tan Sri David Wong Dak Wah, Chairman of BICAM and Former Chief Judge of Sabah & Sarawak, gave the welcoming remarks, while YAA Tan Sri Datuk Amar Abang Iskandar Bin Abang Hashim, President of the Court of Appeal of Malaysia delivered the keynote address.
Distinguished speakers from the bar, construction industry and the judiciary covered sessions on BICAM’s Arbitration and Mediation Rules, practical issues arising from alternative dispute resolution (ADR) and latest developments in arbitration law. The event concluded with a lively and robust discussion on the recent issues arising from statutory adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) and the future reforms to CIPAA.
From left to right: T. Kuhendran, Michael Koh and Tan Sri Datuk Seri Panglima David Wong Dak Wah
Both our consultant Dato’ Mah Weng Kwai and managing partner Mr Raymond Mah are panel arbitrators with BICAM.
Dato’ Mah Weng Kwai is a retired Court of Appeal Judge and a past president of the Malaysian Bar. He regularly sits as a sole arbitrator or part of a panel of arbitrators in commercial and construction disputes. His extensive experience as a lawyer and judge makes him an arbitrator of choice in both local and international arbitrations.
Raymond Mah is the managing partner of MahWengKwai & Associates. He is a fellow of the Chartered Institute of Arbitrators and the Malaysian Society of Adjudicators. Raymond appears as counsel in commercial and construction arbitrations as well as hears disputes as arbitrator and adjudicator.
Michael Koh heads the construction law team at MahWengKwai & Associates. His experience includes construction adjudication, construction litigation and arbitration involving claims for work done, performance bond injunctions, liquidated damages for delays, and design and construction defects.
Note: This article does not constitute legal advice to any specific case. The facts and circumstances of each and every case will differ and therefore will require specific legal advice. Feel free to contact us for complimentary legal consultation.