Chief Judge calls for greater promotion of Alternative Dispute Resolution in Sabah, S’wak

KUCHING (July 19): Chief Judge of Sabah and Sarawak Tan Sri Dato Abdul Rahman Sebli has emphasised the need to extensively promote Alternative Dispute Resolution (ADR) in Sabah and Sarawak in the post Covid-19 pandemic.

In expressing this, he stressed the importance of proactive claims management to prevent disputes before they arise.

“While the construction industry has slowly rebounded from one of its lowest points during the Covid-19 lockdown, a major challenge we continue to face is the ever-evolving nature of construction projects.

“Therefore, the construction claims and dispute resolutions must align with this dynamic nature,” he said in his speech read by High Court Judge Kuching Dato Dr Alwi Abdul Wahab during the inaugural Borneo ADR Week 2024 at the Sheraton Kuching Hotel here today.

Abdul Rahman noted participants gained insights into the importance of ADR in resolving construction disputes over the past four days at Borneo ADR Week.

“ADR is preferred for its cost-effectiveness and flexibility, preserving business relationships with assured confidentiality.

“It also fosters creative solutions by encouraging parties to explore innovative, mutually-acceptable resolutions that may not be available through conventional legal channels,” he said.

He further added the adoption of ADR demonstrates that the construction industry requires a pragmatic and constructive approach to resolving disputes.

“I do not intend to delve into the pros and cons of each method of ADR, as these will be explored in detail throughout the conference today.

“It is my sincere hope that recommendations and solutions will be derived to improve the forms of ADR we have today,” he expressed.

Moreover, he highlighted the importance of integrating artificial intelligence (AI) and environmental, social and governance (ESG) principles into the realm of construction claims.

“With advancements in technology, design methodologies and materials, construction projects have become increasingly complex.

“This complexity often results in disputes and claims arising from delays, design errors, cost overruns and contractual disagreements.

“The construction industry today is at the intersection of technology, ethics and industry practices,” he said.

Running from July 15 to 19, Borneo ADR Week 2024 featured a dynamic week-long series of over 20 events that are expected to transform the ADR landscape in the Borneo region.

Participants attended various in-person virtual and hybrid sessions across Kuching from the first to fourth day, enriching their experience while exploring the city.

Also present were former Chief Justice of Malaysia and Legal Plus chairman Tan Sri James Foong, L2 i-CON International director Cindy Wong and Sarawak Public Works Department (JKR) director Dr Cassidy Morris.