RHS 505 – Laws and Housing

Test 2 on ADR (Prof Sharifah Fairuz Syed Fadzil)

Matric no. : P-RM0085/19
1 (a) John is an architect and an arbitrator. This is because he wants to expand his
marketability and to be involved in more profession and knowledge, therefore with
proper education and training, John can become an arbitrator as his secondary job
and architect as his main occupation. John also has relevant professional
experience that could help him to understand more complex and technical disputes.
Furthermore, by referring to Code of Conduct, architects are taught to be impartial
when it comes to in any dispute that may arise between the client and the building
contractor. To become an arbitrator in Malaysia, one can apply for Diploma in
International Arbitration offered by The Malaysian Institute of Arbitrators (MIArb).
After gaining sufficient knowledge and qualification, one can then apply for the
membership in MIArb. Pertubuhan Akitek Malaysia (PAM) has also set up a
committee for Alternative Dispute Resolution, formed by architects and engineers
to train for potential arbitrators, adjudicators, mediators and expert.

1 (b) John is an expert witness because he holds the profession title as an architect,
and he is also a qualifies arbitrator as mentioned in question no.1. He has gone
through trainings and education from MIArb thus he has the ability to resolve the
issue impartially, provide an independent and unbiased perspective to settle the
dispute. As an architect, he also has the professional experience and knowledge
in regard to what the disputes are about and to have an insights and facts which
facilitate effective and efficient dispute resolution.

2 (a) Alternative Dispute Resolution (ADR) considered as an alternative way of solving

disputes and disagreement between two parties or more when the situation is not
that critical, the problem is solved in a less pressure and non-confrontational way
therefore a lot of things are negotiable and under control. The conventional way for
dispute resolution is to go through Court or litigation process which it takes a lot of
time because of the backlog cases in the Court and it is expensive, rigid with strict
evidential and procedural rules.

2 (b) Alternative Dispute Resolution (ADR) shall be used in resolving the dispute
between the purchaser and the contractor because it is the most efficient way to save
time and cost, saving all the waiting time and cost that needs to be paid to the Court
and lawyers if the issue is resolved in the conventional way. The other reason is that
everything is under control by both parties, which the parties will not be pressured
or forced to settle by not making the situation into a hostile position and more
opportunity to negotiate for the agreed items.