"After all, the parties cannot complain about the procedure if it is the procedure they have chosen. Their limited role is to respect the autonomy of the parties. This is not to say that the courts are irrelevant. "The courts are only there to preserve what the parties have agreed to in the first place. Tengku Maimun said parties believe that by having greater autonomy in resolving their disputes, they can reach a solution faster and more effectively in the forum of their choice. However, I believe that these two avenues of dispute resolution are complementary to each other in the quest for justice," she said. "It can be argued that those avenues of dispute resolution belong to two competing realms, distinct from one another. Tengku Maimun however added that there were different views of how the relationship between the courts and arbitral institutions should be perceived. She said the ADR mechanisms such as mediation, negotiation and arbitration offer parties the opportunity to resolve their disputes without the lengthy and tedious process of litigation. Tengku Maimun also said the judiciary recognises the crucial role of arbitration and other ADR mechanisms. In this regard, I can do no better than to humbly echo DYMM Tuanku’s sentiments," the top judge said in her address at the Fourth Asian ADR Week 2022 Conference of the Asian International Arbitration Centre (AIAC) in Kuala Lumpur yesterday.ĭuring the event, Sultan Nazrin also delivered his keynote address. "Both systems should strive to provide reasoned decisions while deciding cases independently, fairly and without fear or favour. "Although Sultan Nazrin’s address was in relation to the Shariah Courts, the considerations in relation to the Malaysian judiciary and even the ADR systems remain the same.
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To quote DYMM Tuanku: 'There should not be any doubt and a judge must be free from any influence or pressure.' "Duli Yang Maha Mulia (DYMM) Sultan Nazrin (the Sultan of Perak, Sultan Nazrin Shah), too, has very recently spoken on this. She said the independence of the judiciary is a concept embossed into the very fabric of the justice system. Both judiciary and alternative dispute resolution (ADR) systems should strive to provide reasoned decisions while deciding cases independently, fairly and without fear or favour, says Chief Justice Tengku Maimun Tuan Mat.
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