AIAC POLICY ON EMPANELMENT OF PANELLISTS

PART (A): ADMISSION TO THE AIAC PANEL
1.1
Admission to the AIAC Panel is by application to the AIAC, or upon the invitation by the AIAC Court of Arbitration.
1.2
The AIAC reserves the right and absolute discretion to admit or refuse to admit any person to the AIAC Panel.
1.3
No fees shall be payable for application to be admitted to the AIAC Panel.
PART (B): STANDARD REQUIREMENTS FOR EMPANELMENT

The AIAC's standard requirements for a successful application are set-out below:

2.1 For Empanelment as an Arbitrator:
  • a) tertiary education;
  • b) a minimum of 10 years Post-Qualified Experience in the field of arbitration. In their applications, the applicants must demonstrate their ongoing experience in arbitration whether in their capacity as arbitrator and/or counsel. Other relevant experience such as those acquired as judges, academicians, tribunal secretary, expert witnesses and other professional undertakings in arbitration practice may be considered by the AIAC Empanelment Committee ("Empanelment Committee") on a case-by-case basis; and
  • c) is not a bankrupt or convicted of any criminal (non-traffic related) offence within or outside Malaysia.
2.2 For Empanelment as an Adjudicator:

As the adjudication authority under the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") [Act 746], the AIAC is, among others responsible for setting the competency standard and criteria of adjudicators, maintaining a register of the AIAC's Panel of Adjudicators, and providing and conducting examinations for an adjudicator.

Empanelment as an adjudicator with the AIAC is subject to Regulation 4 of the Construction Industry Payment and Adjudication Regulations 2014, which states the following:

"The competency standard and criteria of an adjudicator are as follows:

  • the adjudicator has working experience of at least seven years in the building and construction industry in Malaysia or any other fields recognized by the AIAC;
  • the adjudicator is a holder of a Certificate in Adjudication from an institution recognized by the Minister;
  • the adjudicator is not an undischarged bankrupt; and
  • the adjudicator has not been convicted of any criminal offence within or outside Malaysia."

As such, to be empanelled as an adjudicator with the AIAC, the applicants must first fulfil the following criteria:

  • participate in the AIAC Certificate in Adjudication programme and/or the CIPAA Refresher Course, where applicable and has passed the written examination thereafter; and
  • possess at least seven (7) years of working experience in the construction and building industry in Malaysia.

In assessing whether an applicant possesses at least seven (7) years of working experience in the construction and building industry in Malaysia, consideration will be given to the applicant's experience in the building and construction industry acquired both within Malaysia and overseas over at least seven years. This means that applicants can be considered for empanelment and appointment as adjudicator where they possess lesser than seven years' experience in the building and construction industry in Malaysia but their cumulative experience in this industry, both within Malaysia and overseas, must be at least seven years in total.

In interpreting the phrase, "or any other fields recognized by the AIAC", applicants will be considered for empanelment even where they predominately work in a field other than building and construction, provided they can demonstrate to have acquired practical or theoretical experience related to the building and construction industry to some degree of significance. Adjudicators who fall within this category are not exempted from the requirement to have acquired at least seven years of experience in Malaysia, as defined above, and the other requirements under Regulation 4.

The duration and nature of an adjudicator's experience in Malaysia and in the field of building and construction cannot be insignificant.

2.3 For Empanelment as a Mediator:
  • a) tertiary education;
  • b) accreditation as a mediator from recognized professional organizations of global standing;
  • c) conducted or observed at least ten (10) mediations; and
  • d) is not a bankrupt or convicted of any criminal offence (non-traffic related) within or outside Malaysia.
2.4 For Empanelment as a Domain Name Dispute Resolution (DNDR) Panellist:
  • a) tertiary education;
  • b) a minimum of ten (10) years Post-Qualified Experience in the field of intellectual property and/or technology law;
  • c) practical experience in domain name dispute resolution, arbitration or other dispute resolution mechanisms; and
  • d) is not a bankrupt or convicted of any criminal offence (non-traffic related) within or outside Malaysia.
2.5 For Empanelment as an i-Arbitrator:
  • a) tertiary education;
  • b) a minimum of ten (10) years Post-Qualified Experience in the field of arbitration. In their applications, the applicants must demonstrate their ongoing experience in arbitration whether in their capacity as arbitrator and/or counsel. Other relevant experience such as those acquired as judges, academicians, tribunal secretary, expert witnesses and other professional undertakings in arbitration practice may be considered by the AIAC Empanelment Committee on a case-by-case basis; and
  • c) is not a bankrupt or convicted of any criminal (non-traffic related) offence within or outside Malaysia;
AND
  • d) possess a minimum of five (5) years of professional experience in Islamic Finance and Banking or related areas; and
  • e) possess an academic degree, diploma or related professional certification in the areas of Islamic Finance and Banking or related subjects.

Existing arbitrators empanelled in the AIAC Panel who are interested in being empanelled as an i-Arbitrator may do so by notifying the AIAC, in writing, of their intention to be empanelled as an i-Arbitrator, accompanied with a declaration detailing the fulfilment of the criteria set out in (d) and (e) above and the relevant documentary references.

Applicants who have fulfilled the criteria in (d) and are presently pursuing academic qualifications in satisfaction of the requirement in (e) are also encouraged to apply and may be considered by the AIAC Empanelment Committee, on a case-by-case basis.

2.6 For Empanelment as a Shariah Expert:
  • a) academic degree, diploma or related professional certification in the areas of Islamic Finance and Banking or related subjects;
  • b) minimum of 6 years of professional experience in Islamic Finance and Banking or related fields;
  • c) past experience such as those acquired as an advisor, auditor or any associated capacity related to Islamic Finance and Banking; and
  • d) is not a bankrupt or convicted of any criminal (non-traffic related) offence within or outside Malaysia.
2.7
The Empanelment Committee retains the discretion to refuse the empanelment of applicants who fail to demonstrate such sufficient experience.
PART (C): APPOINTMENT AS AIAC'S PANELLIST
3.1
The Panellist shall be reviewed and appointed by the Empanelment Committee.
3.2
The Empanelment Committee will convene on a quarterly basis. Any applications received after the first day of March, June, September and December, will be reviewed in the subsequent quarter.
3.3
The decision of the Empanelment Committee shall be final and not required to provide any reasons.
3.4
If the application is accepted, the President of the AIAC Court of Arbitration ("President") shall issue a formal Letter of Appointment together with a Certificate of Empanelment.
3.5
The relevant details of the Panellist will be uploaded onto the AIAC's website.
PART (D): APPOINTMENT TERM AND RENEWAL
4.1
A Panellist shall be appointed to be on the AIAC Panel for a period of three (3) consecutive years only ("Term").
4.2
The Panellist's appointment shall automatically expire upon the completion of the Term.
4.3
The Panellists are to submit Request for Renewal of Term ("Request") two (2) weeks prior to the end of the Term.
4.4
Upon review of the Request, the Empanelment Committee may renew the appointment of the Panellist for a further term of three (3) years.
4.5
The Panellists shall be required to promptly update the AIAC of any changes to their contact details during the Term.
4.6
To be appointed as an arbitrator/ adjudicator/ mediator/ DNDR Panellist / i-Arbitrator / Shariah Expert, the Panellist must possess a valid Certificate of Empanelment.
4.7
Notwithstanding paragraph 4.6 above, the President may, upon the application of any party to an arbitration/ adjudicator/ mediator/ DNDR Panellist / i-Arbitrator / Shariah Expert, and upon hearing all parties thereof, appoint a non-Panellist to be an arbitrator/ adjudicator/ mediator/ DNDR Panellist / i-Arbitrator / Shariah Expert for the said proceeding if the President is of the view that such non-Panellist possesses an expertise that is not available amongst the Panellists.
PART (E): REMOVAL AS AIAC'S PANELLIST
5.1
The Panellists shall be bound by the AIAC Code of Conduct and any failure to observe the said Code may result in the Panellist being removed from the AIAC's empanelment.
5.2
Notwithstanding the above, the Empanelment Committee may in its absolute discretion, remove a Panellist at any time during the Term without stating the reason.
5.3
The Empanelment Committee's decision on removal shall be made in writing and final.
5.4
Notwithstanding the removal as a Panellist, the Panellist may continue to perform his or her duties as arbitrator/ adjudicator/ mediator/ DNDR Panellist / i-Arbitrator / Shariah Expert until the end of the proceeding concerned.
AIAC's Code of Conduct for Arbitrators
AIAC's Code of Conduct for Arbitrators
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AIAC's Code of Conduct for Mediators
AIAC's Code of Conduct for Mediators
View PDF
AIAC's Code of Conduct for   DNDR Panellists
AIAC's Code of Conduct for DNDR Panellists
View PDF

For any enquiries in regards to the online application, kindly contact AIAC Panellists Administrator at panel@aiac.world.

For applications for empanelment with the Asian Domain Name Dispute Resolution Centre (ADNDRC), kindly submit your application [here].