AIAC POLICY ON EMPANELMENT OF PANELLISTS
The AIAC's standard requirements for a successful application are set-out below:
- 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.
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.
- 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.
- 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.
- 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;
- 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.
- 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.
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].