28 September 2021
Q1: What is AIADR?
A1: AIADR also known as the Asian Institute of Alternative Dispute Resolution, is the first not-for-profit member-based Institute for Alternative Dispute Resolution forum. The Institute was launched in April 2018 by His Excellency Prof Dr. Kennedy Gastorn, Secretary-General of the Asian-African Legal Consultative Organisation (AALCO), Datuk Professor Sundra Rajoo, President of the Council of the AIADR and Dato’ Quek Meng Ngee as the Vice President of the Council of the AIADR.
The AIADR though incorporated in Malaysia but it shall be the Global Institute with coverage across Asia and the rest of the world. AIADR is currently undergoing fast-track development and has more than 600 members from all around the world. The Institute is also one of the founding members of the International Commercial Dispute Prevention and Settlement Organization (“ICDPASO”), and a member of the Advisory Committee of ICDPASO.
Q2: What does AIADR do?
A2: AIADR’s primary objective is to promote global trade and deliver excellence in alternative dispute resolution forums worldwide other than resolution by Courts.
To accomplish this objective, AIADR:
⚫ Makes Membership Affordable: AIADR has kept its membership fees affordable. We hope to be the preferred Institute for independent professionals from across the globe to become members of AIADR and be recognized as elite professionals.
⚫ Provide Neutral, Nonaligned, and Quality Legal Knowledgebase: AIADR provide neutral, nonaligned, and quality legal knowledge bases for all the members. Our institute develops resources of jurisprudence appropriate for target jurisdictions within AIADR for supporting developing States on policy and law-making matters, as well as management and administration of conflicts and dispute resolution.
⚫ Provide Multilingual Professional Development and Training Courses: AIADR develops and delivers dynamically progressive courses and training for continuous professional development of its members and users of ADR services in the preferred or first languages of its members and Branches.
⚫ Network of Branches: AIADR shall be present through a network of Branches in all 47 states of AALCO and other States where interested members would like to have representation within their home States.
⚫ Support for User Industries of ADR Services: AIADR shall be the support Centre for in-
house legal counsel and corporate bodies from a diverse range of industries. The Corporate members will be supported by Guidelines and Training curriculum customised to their respective businesses, for their key management personnel.
⚫ Mentoring Programs: AIADR provides mentoring programs for our members with the hope that young members and specialists from the industry will benefit by undergoing mentoring programs to enhance their careers in ADR fields of choice.
⚫ Promote Cost-Effective ADR Forums: AIADR aspires to promote cost-effective ADR forums worldwide. We hope that everyone is accessible to an affordable alternative dispute resolution. We shall be the Institute for a full spectrum of ADR Forums, including:
◼ Mediation
◼ Adjudication
◼ Expert Determination and Expert Witness Services
◼ Arbitration
◼ Dispute Adjudication Board and Dispute Resolution Board
◼ Observer and Member of Working Groups at UNCITRAL, WIPO, IMO and other Organs of the United Nations
Q3: What kind of events does AIADR involve?
A3: Throughout these past few years AIADR has hosted and were involved in various events or webinars to uphold our mission values of supporting the users of ADR in the industries and providing a quality legal knowledge database. These are a few examples of past and recent events that AIADR was involved in or organized that can show AIADR’s progress in achieving our objectives:
⚫ COVID-19 Asian Mediation Forum: This forum is to explore mediation’s recent development (domestic and regional) as a catalyst to help those economically affected by the Covid-19 pandemic. This Forum is most opportune in light of the COVID Act 2020 and similar statutory enactments in other countries.
⚫ Ad Hoc Arbitration Forum 2021: Seeking Private Justice in Times of Crisis. AIADR has organized this forum to explore the application and development of ad-hoc arbitration in times of crisis together with leading practitioners, academics and officials, from all around the world. This Forum provided an overview of ad-hoc arbitration, examined its significance, recognition, and suitability of application across jurisdictions.
⚫ National Boot Camp: Performance & Practice of Arbitration, where AIADR is one of the endorsement partners. Our Head of Secretariat, Ms. Heather Yee Jing Wah in representing AIADR was also invited as a guest speaker to speak on the topic of ‘Development with Changing Times’, regarding how the pandemic is affecting arbitration in India and overseas as well as the recent developments and judgments in the field of arbitration.
⚫ Construction Claims and ADR Conference 2021, AIADR’s founding President, Datuk Prof Sundra Rajoo was invited to give a talk on the topic “Pay or Argue Now? A key hindrance to an effective statutory adjudication.”
⚫ Our President, in representing AIADR was also invited to speak in the 2nd Belt and Road Commercial Law (The Yellow River) Forum held in Lanzhou City in China on the topic of “Risk Challenges and Legal Service Protection of International Commercial Law in the Post-Pandemic Era".
Q4: Does AIADR have its own rules?
A4: Yes, AIADR do have its own rules. Recently AIADR had launched the AIADR Ad Hoc Arbitration Rules on Appointment, Case Administration and Financial Management 2021 and AIADR Mediation Rules 2020. The establishment of The Ad Hoc Arbitration Rules aims to provide just enough structure for an ad hoc arbitration to function as efficiently as an administered arbitration. It is tailored to accommodate the needs of parties who are suffering from financial distress or for those who are making small claims. Furthermore, the rules also provide a transparent pricing structure with different choices of currency, these include Ringgit Malaysia (MYR), Ren Min Bi (RMB), and US Dollar (USD), allowing parties to eliminate the burden of paying extra charges for currency conversions. Thus, our Ad Hoc Arbitration Rules are applicable for both domestic and international arbitration, with features of great flexibility and cost-efficiency well adjusted for parties in disputes in this difficult time.
The AIADR Mediation Rules 2020 which was launched to cater to drastic change that was caused by the Covid 19 Pandemic, has been carefully structured to ensure that it is comprehensive, anchored on the principles of reconciliation proposed by the UNCITRAL, ensuring the confidentiality of the process, impartiality and neutrality, party autonomy, equality and balance of powers, independence of mediator, legality, cost efficiency and with guided steps to ease lay parties through each of the processes. Hence, it would be an effective guide for parties to resolve their disputes too.
Both of our rules are available in two languages which are English and Chinese.
Q5: How many kinds of members does AIADR have?
A5: There are 7 classes of members in AIADR, which is the Learner Members, Associate Members, Members, Fellows, Certified Practitioners, Honorary Fellows and Corporate members. The requirements for AIADR members vary depending on their classes. You may find out more in the membership segment on our website!
Q6: What are the benefits that AIADR members enjoyed?
A6: The common benefits for every AIADR membership are:
⚫ Recognition of the professional profile of an individual committed to the highest code of ethics and conduct;
⚫ AIADR Membership Certificate;
⚫ Career progression to higher levels of achievements;
⚫ Participation at Member rates for all AIADR events and courses;
⚫ Discounts for events organized by other Institutions where AIADR is the supporting organization;
⚫ Access to a network of members online;
⚫ Eligible to apply for mentee program;
⚫ Participation in discussion forums, moots, and talks on special topics by experts, in different jurisdictions, close to members’ home State;
⚫ Eligibility to join Branches;
⚫ Voting rights for election of the AIADR Office Bearers;
⚫ Belonging to an elite group in the ADR sector for promotion of trade and cohesive relations across cultural boundaries;
⚫ Publishing your own Blog at the Institute’s website;
⚫ Access to Bi-Monthly Newsletter and Quarterly Journal.
In addition to the common benefits of additional rights and privileges according to the Class of Individual Membership of AIADR, members shall enjoy different rights, benefits, and privileges as prescribed in the Institute’s Constitution, Regulations, and Rules.
Q7: How to join AIADR as a member?
A7: We welcome all elite professionals from across the globe, to join us as individuals or corporate organizations, from a broad range of industries and segments of the economy, with added qualifications, knowledge, and experience in legal forums and dispute resolution practices. Applicants seeking to be a member of the Institute must satisfy the prerequisites of membership set out in the AIADR Membership Regulations. The general requirement for individual applicants would be: –
1. Have passed the designated modules as prescribed by our Regulations; or such modules which in the opinion of the Council is equivalent to the modules so prescribed by the Council, and may be treated as having passed such prescribed module by the Council; or has met the criteria for corporate membership or institutional membership or of supporting organization, as described in these Regulations; and
2. undertaken such period of relevant experience in ADR or other related fields, as provided in these Regulations; and
3. Satisfied such other requirements as to its suitability for admission to the register of members of the Institute.
Q8: Does AIADR have its own newsletter?
A8: Yes, AIADR have its own inaugural quarterly journal, AIADR Journal of International ADR Forum and also a bi-monthly newsletter, ADR Centurion. The aim of this journal and newsletter is to share and update our members on what is happening on ADR globally and also create a platform for our members to express themselves through submitting articles.
We would also encourage anyone including ladies and gentlemen who are sitting in front of the screen to submit your write-up to be published on the topic of your interest in ADR forums around the world.
Q9: Does AIADR have its courses?
A9: Yes AIADR does have its own courses. AIADR has been actively hosting training courses that gather all the experts in the ADR field to share their knowledge and practical experiences. Now we are offering the one-day AIADR Introduction to ADR Course held monthly which intends to cover the foundational concepts on various ADR mechanisms such as mediation, adjudication, and arbitration. The course is designed for participants with limited or no prior legal qualification also suited for law students, young lawyers, or anyone with experience in business entrepreneurship or as a corporate counsel. Other than that, we are also having an upcoming Mediation course that contains a balance of practical and theoretical learning for participants that is led by experts in the mediation field.
Q10: How to contact us?
A10: You can stay updated with us through our website https://aiadr.world/. If you want to notify us of an ADR matter, breaking news or to file a Case, you can contact us via thesecretariat@aiadr.world.
For further information, please contact:
Charlotte Woo, AIADR
charlotte.woo@aiadr.world
