April 26, 2019
Preservation of the AIAC’s Immunity from Suit and Legal Process
PRESERVATION OF THE AIAC'S IMMUNITY FROM THE SUIT AND LEGAL PROCESS
KUALA LUMPUR, 26th April 2019 – The High Court of Kuala Lumpur, yesterday afternoon, delivered its decision in an application filed by the Asian International Arbitration Centre (AIAC) to strike out the Judicial Review proceedings commenced by One Amerin Residence Sdn Bhd, against, amongst others, the AIAC. The AIAC was named as the 1st Defendant in those proceedings.
The High Court allowed the AIAC’s application to strike out One Amerin Sdn Bhd’s suit against the AIAC, preserving the privileges and immunities afforded to the AIAC as a neutral and independent organization pursuant to the International Organizations (Immunities and Privileges) Act 1992, and in its capacity as administrative authority for adjudication proceedings commenced under the Construction Industry Payment and Adjudication Act 2012.
The High Court’s decision reaffirms the AIAC’s position as an international independent organization, as envisioned by the Host Country Agreement signed between the Government of Malaysia and the Asian African Legal Consultative Organization (AALCO).
The AIAC remains committed in its provision of dispute resolution services as a global alternative dispute resolution (ADR) hub and will continue to strive to provide the best possible services and solutions for both, the domestic and international ADR community.
Established in 1978, the Centre was the first arbitration centre in Asia to be established under the AALCO, an international organisation comprising 47 member states from across the region. The Centre was first set up to provide institutional support as an independent and neutral venue for arbitration proceedings in Asia. Currently, it stands alongside only four other regional centres located in Egypt, Nigeria, Iran and Kenya. Further information on the Centre can be obtained from http://www.aiac.world.