Resolving Disputes
With Measured Counsel

Mediation is a facilitated negotiation — a neutral mediator helps parties reach a mutually acceptable settlement, but has no authority to impose an outcome. Arbitration is an adjudicative process where an arbitrator (or panel) hears evidence and issues a binding award, similar in function to a court judgment but private and typically more flexible in procedure.

For arbitration proceedings, parties generally need either a pre-dispute arbitration clause in their contract or a post-dispute submission agreement. Mediation can be agreed to at any stage, including after a dispute arises, without any prior contractual obligation. We can advise on the specific requirements for your situation during an initial consultation.

Domestic arbitration proceedings under AIAC administration typically range from six to eighteen months, depending on the complexity of the dispute, the number of parties, and the volume of documentary evidence. Procedural matters — including arbitrator appointment and preliminary hearings — occur in the early months. We provide a case-specific timeline estimate at the outset of each engagement.

Awards made in countries that are parties to the New York Convention (1958) can generally be enforced in other signatory states, subject to local procedural requirements. Malaysia is a signatory, as are most major commercial jurisdictions. Our international arbitration advisory service includes an enforcement roadmap covering the relevant jurisdictions for your specific matter.

Yes — this is one of the principal advantages of both processes. Unlike court proceedings, arbitration and mediation are private. The Arbitration Act 2005 (Malaysia) imposes confidentiality obligations on all participants. Mediation settlement discussions are likewise protected from subsequent disclosure in court proceedings, under well-established legal principles.

A brief summary of the dispute, the relevant contract or agreement (if one exists), and any prior correspondence or notices exchanged between the parties. You do not need to have all documents in order before the first meeting — we will advise on what is needed as the matter develops. Consultations can be conducted in person at our Bukit Damansara office or by videoconference.