77 LAWYER MONTHLY ADR AWARDS 2024 Arbitration Lawyer of the Year MALAYSIA • Introduction of Third-Party Funding: The new legislation permits third-party funding in arbitration, which is expected to improve access to ADR by allowing parties who might not otherwise afford arbitration to engage in the process. These efforts collectively aim to enhance the accessibility, efficiency, and effectiveness of ADR services in Malaysia. By modernizing legislative frameworks and institutional structures, Malaysia is working to make ADR more accessible and equitable for all sectors and communities, ensuring that dispute resolution mechanisms are well-suited to contemporary needs and international standards. What are the consequences of breaching a post-ADR agreement, and is this a common issue? Any settlement reached after a successful mediation session may be written and signed by the parties in a Settlement Agreement. Still, in every event, the parties must record the terms of the settlement as a consent judgment. If proceedings have been commenced in court, the settlement agreement may be recorded before the court as a consent judgment or judgment of the court. In the event that one of the parties breached a post-ADR agreement, the aggrieved party may seek judicial enforcement. Courts can compel compliance with the agreement or award damages for non-performance. In jurisdictions like Malaysia, where ADR processes are reinforced by statutes such as the Arbitration Act 2005 and recent amendments, breaches of ADR agreements can be pursued through the courts to ensure that the terms are honoured. This enforcement mechanism underscores the importance of adhering to agreements reached through ADR. Q Qualifications • B. Comm. (Accounting & Finance) (Monash University, Australia) • LL.B. (Hons) (Monash University, Australia) • LL.M. (LSE) • Diploma in International CommercialArbitration (CIArb) Sudhar Thillainathan Founding partner Messrs. Steven Thiru & Sudhar Partnership Advocates & Solicitors Tel: +603-6411 9000 Fax: +603-6411 9009 Mob: +6012-293 0795 Email: sudhar@stsp.my Unit A1-12-01,Arcoris Mont Kiara, Jalan Kiara, Mont Kiara 50480 Kuala Lumpur, Malaysia www.stsp.my “Arbitration is also frequently used due to its binding nature, providing a clear and enforceable outcome that can resolve disputes more definitively.”
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