ELIGIBILITY CRITERIA

Below are the requirements that need to be fulfilled in order to commence a mediation matter under the AIAC Pro Bono Mediation Initiative:

  1. A commercial dispute has arisen due to conditions and/or contractual breaches arising from or relating to the COVID-19 pandemic.
  2. A commercial dispute includes, but is not limited to, issues or matters arising from the following area(s) of the law:

    a) Agency / Dealerships / Distributions / Franchising
    b) Automotive / Mechanical
    c) Aviation & Airports
    d) Banking / Financial Instruments
    e) Banking / Financial Instruments (Islamic)
    f) Company (Shares & Equities / Joint Venture / Partnership / M&A)
    g) Concession Agreement
    h) Construction / Engineering / Infrastructure / Architecture & Design / Quantity Surveying
    i) Employment / Industrial Relations
    j) Energy / Mining / Oil & Gas / Power / Natural Resources
    k) Health & Safety / Pharmaceutical / Biotechnology
    l) Information Technology / Telecommunications
    m) Insurances / Reinsurances
    n) Intellectual Property / Trademark / Copyright / Patent
    o) Investment / Commodities / Treaty
    p) Maritime (Admiralty / Shipping / Charter Party / Vessels / Bill of Lading / Shipbuilding)
    q) Media & Broadcast / Advertisements / Arts / Entertainments
    r) Real Estate (Land / Properties / Tenancy / Conveyancing)
    s) Sciences & Technology / Geology / Geophysics / Agricultural
    t) Services / Supply of Goods / Sales & Purchases / Trading & Marketing
    u) Sports
    v) Trust / Anti-Trust

    If you are of the view that your dispute is a commercial one which does not fall within any of the above categories, you may contact probono.mediation@aiac.world to obtain clarification.
  3. Such dispute has yet to be referred to any other Court or Tribunal
  4. Applicants qualify for one of the following two (2) schemes under the AIAC’s Pro Bono Mediation Initiative:

    SCHEME A: FULL WAIVER OF AIAC’S ADMINISTRATIVE FEES AND FULL WAIVER OF THE MEDIATOR’S FEES
    (i) Where the subject matter of the dispute is quantifiable, the amount in dispute does not exceed RM250,000.00 (or any currency of an equivalent amount in value); OR
    (ii) If the subject matter is unquantifiable, the AIAC retains the discretion to consider the surrounding circumstances of the dispute and its nexus to COVID-19 pandemic, in determining the applicability of Scheme A to the dispute.

    SCHEME B: FULL WAIVER OF AIAC’S ADMINISTRATIVE FEES AND DISCOUNT ON THE MEDIATOR’S FEES
    (i) Where the subject matter of the dispute is quantifiable, the amount in dispute is within the range of RM250,001.00 to RM1,000,000.00 (or any currency of an equivalent amount in value); OR
    (ii) If the subject matter is unquantifiable, the AIAC retains the discretion to consider the surrounding circumstances of the dispute and its nexus to COVID-19 pandemic, in determining the applicability of Scheme B to the dispute.
  5. Please be informed that all cases under the AIAC Pro Bono Mediation Initiative will be administered using the AIAC Mediation Rules 2018.