Latest news with #BICAM
Borneo Post
5 days ago
- Business
- Borneo Post
Sabah embeds ADR framework in government-linked contracts
BICAM chairman Tan Sri David Wong Dak Wah (right) presenting a memento to Datuk Abidin Madingkir. KOTA KINABALU (July 24): The State Government is embedding clear dispute resolution frameworks, including the Alternative Dispute Resolution (ADR), into government-linked transactions, development projects, and procurement agreements. Chief Minister Datuk Seri Panglima Haji Hajiji Haji Noor said the State Attorney-General Chambers had also recommended that the Borneo International Centre for Arbitration and Mediation (BICAM) model clause for mediation and arbitration be adopted in all State Government contracts to avoid halting the progress of contracts in case of disagreements. 'Disagreements must be managed professionally, efficiently and fairly. We are also encouraging our government-linked companies and statutory bodies to explore mediation as a first step not only to avoid lengthy litigation, but to preserve relationships and focus on outcomes,' he said. The Chief Minister said this at the BICAM Global ADR Horizons 2025 conference held at the Magellan Sutera Resort today. His speech was delivered by Assistant Minister to the Chief Minister Datuk Abidin Madingkir. 'Sabah is not just a gateway to Borneo, we are strategically located along vital economic corridors in the Indo-Pacific. As global trade becomes more integrated, and supply chains more regionalised, Sabah stands to benefit from increased investment, industrial activity and infrastructure growth,' he said. However, with growth comes complexity, he said, adding that as contracts become larger, stakeholder interests become more varied, inevitably disputes may arise and this is where ADR comes in. 'In ASEAN, we are seeing increased harmonisation of arbitration practices, stronger enforcement regimes, and the emergence of regional institutions that reflect our own legal cultures and economic realities. 'Sabah, through BICAM, is proud to be part of this global evolution offering a neutral platform aligned with international standards,' he said. To international partners and investors, Hajiji said that Sabah is ready not just with its natural resources and economic opportunities, but also with the right legal and institutional environment. 'The presence of an international-standard ADR centre like BICAM signals our intent to uphold the rule of law, respect contract sanctity, and resolve disputes constructively,' he said. 'This conference is timely in that it seeks to modernise the way we manage differences, build trust between parties, and create resilient institutions. 'Let this conference be a platform not just for sharing knowledge, but for setting directions and finding solutions. I wish to reaffirm the State Government's commitment to positioning Sabah as a responsible, reliable, and reform-oriented state both within Malaysia and on the global stage,' he said.
The Star
5 days ago
- Business
- The Star
Sabah to embed dispute resolution frameworks into govt-linked transactions, says Hajiji
KOTA KINABALU: The state government is embedding clear dispute resolution frameworks, including Alternative Dispute Resolution (ADR), into government-linked transactions, development projects, and procurement agreements, says Datuk Seri Hajiji Noor. The Chief Minister said the state Attorney General's Chambers has also recommended that the Borneo International Centre for Arbitration and Mediation (BICAM) model clause for mediation and arbitration be adopted in all state government contracts to avoid halting the progress of contracts in case of disagreements. 'Disagreements must be managed professionally, efficiently and fairly. We are also encouraging our government-linked companies and statutory bodies to explore mediation as a first step not only to avoid lengthy litigation, but to preserve relationships and focus on outcomes,' he said. The Chief Minister said this at the BICAM Global ADR Horizons 2025 conference here, Thursday (July 24). Assistant Minister to the Chief Minister Datuk Abidin Madingkir delivered Hajiji's speech. He said Sabah is not just a gateway to Borneo, but also strategically located along vital economic corridors in the Indo-Pacific. As global trade becomes more integrated, and supply chains more regionalised, Sabah stands to benefit from increased investment, industrial activity, and infrastructure growth, he said. However, with growth comes complexity, said Hajiji, adding that as contracts become larger, stakeholder interests become more varied, inevitably disputes may arise and this is where ADR comes in. 'In Asean, we are seeing increased harmonisation of arbitration practices, stronger enforcement regimes, and the emergence of regional institutions that reflect our own legal cultures and economic realities,' he said. 'Sabah, through BICAM, is proud to be part of this global evolution offering a neutral platform aligned with international standards,' he said. To international partners and investors, Hajiji said that Sabah is ready not just with its natural resources and economic opportunities, but also with the right legal and institutional environment. 'The presence of an international-standard ADR centre like BICAM signals our intent to uphold the rule of law, respect contract sanctity, and resolve disputes constructively,' he said. 'This conference is timely in that it seeks to modernise the way we manage differences, build trust between parties, and create resilient institutions,' he said. Hajiji said Sabah is committed to positioning itself as a responsible, reliable, and reform-oriented state, both within Malaysia and on the global stage.
Borneo Post
17-05-2025
- Business
- Borneo Post
MoU to boost arbitration, mediation services
Tseu (fourth from left), David (fourth from right) after the signing ceremony. KOTA KINABALU (May 17): The Borneo International Centre for Arbitration and Mediation (BICAM) and the Royal Institution of Surveyors Malaysia (RISM) have formalised a strategic partnership to advance alternative dispute resolution (ADR) practices in Malaysia, particularly in Sabah and the Borneo region. The two organisations signed a Memorandum of Understanding (MoU) at the Sabah International Convention Centre. The agreement was signed by Tan Sri David Wong Dak Wah, founding chairman of BICAM, and Sr Robert Tseu Chen Chee, who represented the president of RISM. Tseu also serves as a council member and the chairman of RISM's Sabah Branch. The MoU outlines several key objectives, including the joint development of training programmes in arbitration and mediation, collaboration on research projects, promotion of ADR services, and the exchange of professional expertise. 'We are excited to collaborate with BICAM to enhance the practice of ADR in Malaysia, especially in Borneo. This partnership will enable us to provide our members with valuable training opportunities and access to cutting-edge research in the field of dispute resolution,'said Tseu. Among the specific aims of the MoU are Training and Capacity Building: Joint development and delivery of professional training in arbitration and mediation, Research Collaboration: Joint research initiatives to further the understanding and application of ADR in Malaysia, Promotion of ADR Services: Raising awareness among businesses and the public about the benefits of arbitration and mediation as efficient and cost-effective dispute resolution tools, Information Sharing: Facilitating the exchange of knowledge, expertise, and best practices between both organisations. The collaboration will focus particularly on dispute resolution in sectors such as land surveying and valuation, building and construction, areas where RISM's professionals are frequently engaged as expert witnesses or mediators. Speaking to reporters after the ceremony, Tseu expressed his optimism about the partnership's potential to benefit the wider community. 'As a professional myself, I hope we can contribute meaningfully to the community through this collaboration,' he said. 'Whether it's on the appropriation side, mediation, or acting as expert witnesses, we want to be part of a process that improves how disputes are resolved.' He highlighted the role of RISM, which represents several disciplines including geomatic land surveyors , quantity surveyors, property surveyors (often referred to as valuers) and building surveyors, a growing field in Sabah. 'We're going to have our branch meeting this Saturday, and I plan to share this development with our members and discuss how we can move forward with this MoU,' he added. When asked about membership in the state, Tseu estimated there are currently between 300 to 400 RISM members in Sabah, though the number fluctuates. 'Some of our members have retired, and new ones are joining. It takes time to become a full member, you can't turn into a professional overnight. It is a process. I have been in this profession for the last 30 years,' he noted. The partnership between BICAM and RISM is expected to play a significant role in shaping the future of dispute resolution practices in Malaysia, offering professionals a structured platform to grow and contribute to the development of a fairer and more efficient dispute resolution ecosystem.
Borneo Post
26-04-2025
- Business
- Borneo Post
Shareda urges heavier fines over jail time for rogue developers
Roland (third right) witnessing the MoU signing ceremony, alongside Chua (second right), Johnny (right), David (third left) and Chin. KOTA KINABALU (April 26): The Sabah Housing and Real Estate Developers Association (Shareda) has proposed the imposition of heavier fines on developers who abandon their projects, instead of focusing solely on jail sentences. Shareda president Datuk Sr Chua Soon Ping said this when commenting on the recently passed housing bill, which reduced the prison sentence for such developers from five to three years. Chua clarified that the move was not a reduction, but a rectification aimed at streamlining Sabah's law with that of Peninsular Malaysia and Sarawak, standardizing the jail term to three years across the regions. He suggested that rogue developers be fined based on the amount paid by buyers of their housing projects, arguing that imprisonment would make it harder for buyers to recover their money. 'Some of these developers would rather go to prison than repay their buyers, so I do not think imprisonment alone solves the problem,' Chua said. 'Shareda suggests heavy fines be imposed, with the funds collected used to compensate the buyers, including covering any losses incurred over time,' he said after a Memorandum of Understanding (MoU) signing ceremony between Shareda, GreenRE Sdn Bhd, and the Borneo International Centre for Arbitration and Mediation (BICAM) at Bay Suites here on Friday. Chua noted that this proposal had been forwarded to the Local Government and Housing Ministry last year. He also pointed out that unforeseen circumstances, such as the Covid-19 pandemic and sweeping tariffs imposed by former U.S. President Donald Trump, have contributed to project abandonments. During the State Assembly sitting on April 17, the proposal to reduce the prison term drew criticism from several members. The amendment was part of the Housing Development (Control and Licensing) Enactment (Amendment) Bill 2023 (Amendment) 2025, tabled by Deputy Chief Minister II Datuk Dr Joachim Gunsalam, who is also the Local Government and Housing Minister. While the overall aim of the amendment — to better protect homebuyers — was widely supported, Clause 4, which proposed the reduced maximum imprisonment, became the focal point of intense debate. On the MoU signings, Chua said the first MoU with GreenRE Sdn Bhd would allow Shareda members to participate in the GreenRE certification programme, promoting the construction of energy-efficient and environmentally sustainable projects. 'This is crucial for Sabah as our cities and communities continue to expand while ensuring the long-term health of our environment,' he said. The second MoU, signed with BICAM, aims to provide a more efficient and amicable alternative to resolve disputes in the housing and real estate sector, avoiding the lengthy and costly court process. Also present at the ceremony were Political Secretary to the Chief Minister Datuk Dr Roland Chia, Shareda deputy president Datuk Johnny Wong Chen Yee, BICAM chairman Tan Sri David Wong Dak Wah, BICAM council member Chin Yuen Fong, Real Estate and Housing Developers' Association Malaysia (Rehda) president Datuk Ir Ho Hon Sang, and GreenRE Sdn Bhd directors Datuk Muztaza Mohamad and Dato Rick Cheng Wooi Seng.
