
Sabah to embed dispute resolution frameworks into govt-linked transactions, says Hajiji
The Chief Minister said the state Attorney General's Chambers has also recommended that the Borneo International Centre for Arbitration and Mediation (BICAM) model clause for mediation and arbitration be adopted in all state government contracts to avoid halting the progress of contracts in case of disagreements.
'Disagreements must be managed professionally, efficiently and fairly. We are also encouraging our government-linked companies and statutory bodies to explore mediation as a first step not only to avoid lengthy litigation, but to preserve relationships and focus on outcomes,' he said.
The Chief Minister said this at the BICAM Global ADR Horizons 2025 conference here, Thursday (July 24).
Assistant Minister to the Chief Minister Datuk Abidin Madingkir delivered Hajiji's speech.
He said Sabah is not just a gateway to Borneo, but also strategically located along vital economic corridors in the Indo-Pacific.
As global trade becomes more integrated, and supply chains more regionalised, Sabah stands to benefit from increased investment, industrial activity, and infrastructure growth, he said.
However, with growth comes complexity, said Hajiji, adding that as contracts become larger, stakeholder interests become more varied, inevitably disputes may arise and this is where ADR comes in.
'In Asean, we are seeing increased harmonisation of arbitration practices, stronger enforcement regimes, and the emergence of regional institutions that reflect our own legal cultures and economic realities,' he said.
'Sabah, through BICAM, is proud to be part of this global evolution offering a neutral platform aligned with international standards,' he said.
To international partners and investors, Hajiji said that Sabah is ready not just with its natural resources and economic opportunities, but also with the right legal and institutional environment.
'The presence of an international-standard ADR centre like BICAM signals our intent to uphold the rule of law, respect contract sanctity, and resolve disputes constructively,' he said.
'This conference is timely in that it seeks to modernise the way we manage differences, build trust between parties, and create resilient institutions,' he said.
Hajiji said Sabah is committed to positioning itself as a responsible, reliable, and reform-oriented state, both within Malaysia and on the global stage.
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Sanctions making arbitration difficult
Published on: Thursday, July 31, 2025 Published on: Thu, Jul 31, 2025 By: Sherell Jeffrey Text Size: L/R: Steve, Dutsadee, Kevin, Ning and Fei. Kota Kinabalu: International arbitration is faced with challenges due to sanctions and corruption concerns, adding risks, costs and complexity to global trade dispute resolution. 'Arbitration is now a clash of international law, policy and economic law. It is more than just arbitration procedures that we need to know,' said Beihai Asia International Centre (Singapore) Founding President cum Executive Director Prof Steve Ngo. Steve, a recognised International Arbitrator, said this at the recent Borneo International Centre for Arbitration and Mediation (Bicam) Global alternative dispute resolutions (ADR) Horizons conference where he moderated Session 7's Navigating Impact of Sanctions and Corruption Allegation in Arbitration. What Is International Arbitration and why should we care? Before diving into the problems, it is important to understand what international arbitration is. Think of it as hiring a neutral referee when two companies from different countries have a business disagreement. Instead of going to court which can be slow, expensive and potentially biased toward the local company, businesses agree to let a neutral expert (called an arbitrator) hear both sides and make a binding decision. It is private, usually faster than court and the decision can be enforced in most countries around the world through international treaties. For decades, this system has been the backbone of international trade, giving companies confidence to do business across borders knowing they have a fair way to resolve disputes. But now, as the experts at the Bicam conference notes, that confidence is being shattered. Pisut & Partners' Dutsadee Dutsadeepanich, a major legal firm in Thailand, spoke about how international sanctions are crippling the arbitration system. 'Since the Russia-Ukraine conflict began in 2022, sanctions imposed by the United States, European Union and United Kingdom have created a maze of obstacles that make conducting fair arbitrations nearly impossible when certain parties are involved,' said Dutsadee who is also a member of Thailand's parliament. 'Arbitration is no longer straightforward for sanctioned parties,' she said, pointing out how even basic steps like paying arbitration fees become impossible when banks refuse to process transactions involving sanctioned companies. 'The problem is far more than just payment issues. This is a chilling effect where experienced arbitrators, the neutral referees' businesses rely on, simply refuse to take cases involving sanctioned parties. 'Why? They are worried about getting paid, damaging their reputations or even breaking laws in their home countries. 'For example, EU-based arbitrators may be prohibited from working on a case involving a Russian entity without special government permission,' she said, adding that this destroys one of arbitration's key advantages, which is the ability for parties to choose arbitrators they trust. The same problems face legal representation. 'Law firms from countries imposing sanctions often need government authorisation to represent sanctioned parties, while frozen bank accounts can make it impossible for sanctioned companies to pay their lawyers. The result? A fundamentally unfair playing field,' she said. Dutsadee cited examples of RCA (a Russian company) and Linde (a German company) fighting over a natural gas project. 'What should have been a single, clean arbitration turned into a messy battle across multiple countries and courts, exactly what the arbitration system was designed to prevent,' she said. Even worse, she noted, when arbitrations do proceed and decisions are made, there is no guarantee they can be enforced if sanctioned parties are involved. Courts may simply refuse to enforce decisions on public policy grounds. On corruption, Dutsadee said Thailand's challenge is that corruption issues often do not surface during the arbitration itself, but later when trying to enforce decisions. 'In Thailand, we have a lot of corruption related to arbitration, but at the stage of enforcement, especially when it involves contracts between private companies and government entities,' she said. Her prediction for the future? A shift toward arbitration centres in neutral countries like Singapore and Hong Kong as companies seek to avoid sanctions-related complications. Legal Solutions LLC (Singapore) Director Kevin Tan who works as both a lawyer and arbitrator, offered insights from Singapore, one of the world's top arbitration destinations. 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'When the losing party tried to challenge this decision in Singapore's courts, the judges refused and made a strong statement that arbitrators have a public duty to investigate corruption, regardless of what the parties might prefer. 'This sends a message that even in Singapore's pro-business environment, courts would not hesitate to intervene when corruption is involved,' he said. On sanctions, Kevin pointed out how Singapore follows United Nations sanctions while trying to be practical. He cited a recent case where Singapore courts granted a conditional delay when a company claimed US sanctions prevented it from paying an arbitration award. 'This shows that Singapore courts do not automatically enforce sanctions, but will consider them practically if compliance would make payment impossible for a party,' he said. 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2 hours ago
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4 hours ago
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