AIAC STANDARD FOR EMPANELMENT AS PANELLISTS

The AIAC Panel consists of diverse alternative dispute resolution professionals from various jurisdictions and backgrounds across the globe.

Admission to the AIAC Panel is by invitation from the Director of the AIAC or by application subject to the consideration and approval of the Director.

If you wish to make an application, please submit the same via our online portal. No fees are payable for empanelment application.

The AIAC’s standard requirements for a successful application is set-out below:

For empanelment as an arbitrator:

  • aged between 30 to 70 years old;
  • tertiary education;
  • 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 tribunal secretary, expert witnesses and other professional undertakings in arbitration practice may be considered by the Director of the AIAC on a case-by-case basis;
  • Fellowship or similar accreditations from professional membership organisations in arbitration such as the Chartered Institute of Arbitrators or other organisations akin to such; and
  • is not a bankrupt nor convicted of any criminal offence within or outside Malaysia.

For empanelment as an adjudicator:

As the adjudication authority under the Construction Industry Payment and Adjudication Act 2012 (the “CIPAA”), the AIAC is, amongst others responsible for setting the competency standard and criteria of adjudicators, maintaining a register of the AIAC’s Panel of Adjudicators and providing training and conducting examinations for an adjudicator.

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

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

  1. 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;
  2. the adjudicator is a holder of a Certificate in Adjudication from an institution recognized by the Minister;
  3. the adjudicator is not an undischarged bankrupt; and
  4. 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:

  • participating in AIAC Certificate in Adjudication programme and/or the CIPAA Refresher Course, where applicable and passing the written examination thereafter.
  • possessing at least 7 years of working experience in the construction and building industry in Malaysia.

In assessing whether an applicant possesses at least 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 fewer than 7 years’ experience in the building and construction industry in Malaysia but their cumulative experience in this industry, both within Malaysia and overseas, must total at least 7 years.

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 having 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 exempt from the requirement to have acquired at least seven years of experience in Malaysia as defined above.

The duration and nature of an adjudicator’s experience in Malaysia and in the field of building and construction cannot be insignificant. The Director of the AIAC retains the discretion to refuse the empanelment of applicants who fail to demonstrate such sufficient experience.

For empanelment as a mediator:

  • aged between 30 to 70 years old;
  • tertiary education;
  • accreditation as a mediator from recognised professional organisations of global standing; and
  • is not a bankrupt nor convicted of any criminal offence within or outside Malaysia.

For empanelment as a domain name dispute resolution (DNDR) Panellist:

  • aged between 30 to 70 years old;
  • tertiary education;
  • a minimum of 10 years Post-Qualified Experience in the field of intellectual property and/or technology law;
  • practical experience in domain name dispute resolution, arbitration or other dispute resolution mechanisms; and
  • is not a bankrupt nor convicted of any criminal offence within or outside Malaysia.

Applicants may refer to AIAC’s Policy on Appointment of Panellists (the “Policy”) for further information with regard to empanelment with AIAC.

The Director of the AIAC reserves the right in his/her absolute discretion to admit or refuse the admission of any person to the Panel. In exercising his/her discretion, the Director of the AIAC will have regard to, inter alia, the qualifications, experience and standing of an applicant. The Director of the AIAC also reserves the right, in his/her absolute discretion, to remove any person from the Panel at any time.

Once appointed, Panellists are bound by the Policy and the following Codes of Conduct:

Absent any further clarifications required, the AIAC Panellist Admin Team will endeavour to communicate the Director’s decision on the empanelment application within six (6) weeks from the date of submission of the online empanelment application.

The above information and requirements are in force with effect from 13th September 2021 until the AIAC formally notifies otherwise and are only applicable for those seeking to be empanelled with the AIAC for the first time and/or those seeking to be empanelled as one of the Panellists listed above in addition to their existing empanelment.

For any enquires in regards to the online application, kindly contact AIAC Panellists Administrator at [here].

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