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Arbitration

The 2013 KLRCA Arbitration Rules may be adopted in an arbitration agreement or by an agreement in writing at any time before or after a dispute has arisen in both domestic and international arbitral proceedings. The KLRCA Arbitration Rules cover all aspects of the arbitral process, providing a model arbitration clause, setting out procedural rules regarding the appointment of arbitrators and the conduct of arbitral proceedings, and establishing rules in relation to the form, effect and interpretation of the award.

Parties have the option to apply to an emergency arbitrator where they require interim relief and arbitrators have the power to grant pre-award interest. New provisions have been included on consolidation of proceedings and concurrent hearings to ensure consistency with international trends.

Furthermore, apportionment of fees and costs become relative to parties’ claim and counterclaim respectively therefore promoting fairness and equitability in the arbitration procedure. Also, the schedule of fees and administrative costs has been revised maintaining the KLRCA’s cost advantage over other institutions.

i-Arbitration

The 2013 KLRCA i-Arbitration Rules are suitable for arbitration of disputes arising from commercial transactions premised on Islamic principles. The Rules incorporate a reference procedure to a Shariah Advisory Council or Shariah expert whenever the arbitral tribunal has to form an opinion on a point related to Shariah principles. This is in addition to covering all aspects of the arbitral process, providing a model arbitration clause, setting out procedural rules regarding the appointment of arbitrators and the conduct of arbitral proceedings, and establishing rules in relation to the form, effect and interpretation of the award.

The arbitral tribunal now also has the option of awarding a Shariah-compliant late payment charge in remedy of payment default, further to other improvements including emergency arbitrator provisions.

The 2013 KLRCA i-Arbitration Rules are capable of being applied in any jurisdiction, in the resolution of disputes arising out of any agreement that may include principles of Shariah.

Fast Track Arbitration

The KLRCA Fast Track Arbitration Rules are designed for parties who wish to obtain an award in the fastest way with minimal costs. The Rules provide that arbitration (with a substantive oral hearing) must be completed within a maximum period of 160 days and tried before a sole arbitrator (unless parties prefer a larger panel). Majority of disputes arising out of construction, commodities, insurance, maritime, energy and commercial disputes can be resolved under the KLRCA Fast Track Arbitration Rules.

Another attraction of the 2013 KLRCA Fast Track Arbitration Rules is that claims which are less than/unlikely to exceed RM150,000 (in a domestic arbitration) and USD75,000 (in an international arbitration) shall immediately proceed as a documents-only arbitration unless a substantive oral hearing is deemed necessary by the arbitrator upon consultation with the parties.

2013 KLRCA Fast Track Arbitration Rules include tighter obligations for disclosure so as to avoid surprises and controlled usage of expert evidence to ensure that the parties and tribunal are focused only on specific issues.

Mediation

The 2013 KLRCA i-Arbitration Rules are suitable for arbitration of disputes arising from commercial transactions premised on Islamic principles. The Rules incorporate a reference procedure to a Shariah Advisory Council or Shariah expert whenever the arbitral tribunal has to form an opinion on a point related to Shariah principles. This is in addition to covering all aspects of the arbitral process, providing a model arbitration clause, setting out procedural rules regarding the appointment of arbitrators and the conduct of arbitral proceedings, and establishing rules in relation to the form, effect and interpretation of the award. The arbitral tribunal now also has the option of awarding a Shariah-compliant late payment charge in remedy of payment default, further to other improvements including emergency arbitrator provisions. The 2013 KLRCA i-Arbitration Rules are capable of being applied in any jurisdiction, in the resolution of disputes arising out of any agreement that may include principles of Shariah.

Adjudication

Adjudication is a means of dispute resolution that allows a party (the claimant) to have their dispute against another party (the respondent) determined based on an assessment of the merits of the claim by an appropriately qualified and independent industry expert i.e. the adjudicator.

Statutory Adjudication is essentially an adjudication process prescribed by Construction Industry Payment & Adjudication Act 2012 (CIPAA), allowing a party owed monies under a construction contract to promptly obtain payment from the non-paying party. It is conducted privately and ensures confidentiality. It is a mandatory and statutory process that does not require the agreement of the parties’ to commence the process and prevails over any contractual agreements to the contrary between the parties.

Adjudication offers a relatively simpler, cheaper and faster process compared to arbitration and/or court proceedings. The adjudicator must make a decision within a prescribed period (forty five working days under CIPAA). The adjudicator’s decision is temporarily binding in that it can still be subjected to an arbitration or litigation in court i.e. if either or both the parties so desire. In the interim, the parties must comply with the adjudicator’s decision.

Domain name dispute

A domain name dispute essentially means a dispute concerning the registration and/or use of a domain name. The domain name dispute resolution process is a form of arbitration which is unique. Unlike traditional arbitration, the resolution process is initiated by the Complainant who has registered his domain name with the Registrar and retains the alternative to withdraw the Complaint at any given time.

KLRCA, as a service provider, offers dispute resolution services for three types of domain name disputes:

Domain Name Dispute Resolution (.my) (DNDR)

Only disputes over .my country code top level domain names can be settled through domain name dispute resolution proceedings in Malaysia. This is because only .my country code top level domain names can be registered in Malaysia with the Malaysian Network Information Centre (MYNIC).

All domain name disputes are governed and administered in accordance with MYNIC’s Domain Name Dispute Resolution Policy (MYDRP), Rules of the MYDRP and KLRCA Supplemental Rules.

The Malaysian model of the UDRP is the Malaysian Network Information Centre’s Domain Name Dispute Resolution Policy, succinctly known as MYDRP. MYDRP was designed by MYNIC together with the Rules of the MYDRP and the Supplemental Rules for the KLRCA.

Sensitive Domain Name Dispute Resolution (SNDR)

All sensitive domain names disputes are governed and administered in accordance with .my DOMAIN REGISTRY’s Sensitive Name Dispute Resolution Policy (SNDRP), Rules of the .my DOMAIN REGISTRY’s SNDRP and KLRCA Supplemental Rules.

A sensitive name dispute arises when a complainant feels or believes that a registered “.my” domain name contains such sensitive words and the sensitive names dispute resolution is a process that allows a complainant to challenge the registration of such domain names.

KLRCA provides a simple, fast and affordable resolution of .my domain name disputes. SNDRP governs the terms of resolving a dispute between the owner of a .my domain name and a Complainant over the Respondent’s registration and/or use of a domain name which contains a Sensitive Name.

Asian Domain Name Dispute Resolution (ADNDR)

The Asian Domain Name Dispute Resolution Centre (ADNDRC) is one of only four dispute resolution service providers in the world and the first and only one located in Asia, in regards to generic top level domain names (gTLDs).

The ADNDRC (Kuala Lumpur Office) is operated and managed by the KLRCA since October 2009. Disputes handled by the ADNDRC (Kuala Lumpur Office) are governed by the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Uniform Domain Name Dispute Resolution Policy Rules (UDRP Rules) as well as the ADNDRC Domain Name Dispute Supplemental Rules.

The Uniform Domain-Name Dispute Resolution Policy (UDRP) has been adopted by ICANN-accredited registrars in gTLDs (.aero, .biz, .com, .coop, .info, .museum, .name, .net, .org, .pro). Dispute proceedings arising from alleged abusive registrations of domain names (for example, cybersquatting) may be initiated by a holder of trademark rights. The administrative proceeding process will essentially be based only on the documents provided by the parties with an in-person hearing occurring only in exceptional cases.

Additionally, KLRCA will be offering as part of its dispute resolution services the Uniform Rapid Suspension (URS) system. This is an addition to the existing UDRP proceedings and is to be mandatorily applied to gTLD disputes that fulfil the necessary requirements. The Trademark Post-Delegation Dispute Resolution Policy (TM-PDDRP) and Registrar Transfer Dispute Resolution Policy (TDRP) is also available. In the former, it is for conflicting gTLDs where the action is taken against the operator of the registry and in the latter, it is to regulate disputes for registered name holders who transfer their domain name registrations between registrars.