Bicam rules help fill arbitration gap
Published on: Sat, Jul 26, 2025
By: Larry Ralon Text Size: Chin said the launch underscores Bicam's commitment to innovation and relevance in the dispute resolution space. Kota Kinabalu: The Borneo International Centre for Arbitration and Mediation's (Bicam) Expert Determination Rules 2025, the first of its kind in Malaysia developed by an established arbitration centre, promises to fill a crucial gap in the country's alternative dispute resolution (ADR) framework. Bicam Council Member Datuk Roger Chin, who is also the Bicam Global ADR Horizons 2025 co-organising chairman, said the centre was proud with the launch of the rules. 'This wasn't done for headlines. It was done because a need was clear, and unmet,' he said at the conference held at The Magellan Sutera Resort on Thursday. Framing the rules as a practical solution for technical and time-sensitive disputes, Chin stressed that expert determination serves a distinct and increasingly relevant role in today's legal and commercial landscape. 'Not all disputes belong to court. Not every matter benefits from arbitration. Sometimes, what parties need is technical clarity, delivered quickly and decisively,' he said. He added that sectors such as construction, infrastructure, valuation and energy often require swift and specialised resolution, where traditional litigation or arbitration may be too costly or cumbersome. 'Expert determination is not new. But it's been underused, underdeveloped and undervalued, until now,' he said. 'These new Bicam Rules offer a credible, fit-for-purpose alternative: professional, adaptable, final.' Chin said the launch underscores Bicam's commitment to innovation and relevance in the dispute resolution space. 'More than anything, these rules show what we believe Bicam must be, a platform not just for dialogue, but for delivery,' he said. 'To be nimble. To be useful. To fill the gaps that others overlook.' He emphasised that true leadership in the ADR field is about foresight and responsiveness. 'Leadership isn't about being the oldest name in the room. It's about being the one willing to move first when something needs doing,' he said. The launch of the Expert Determination Rules is just one of several forward-looking initiatives featured in this year's Bicam Global ADR Horizons 2025 programme. Chin said the three-day event would explore some of the most pressing and practical challenges facing the dispute resolution community today, including how Environmental, Social and Governance (ESG) concerns are reshaping risk and accountability; the ethical and strategic integration of generative AI into arbitration; the enforceability and design of court-annexed mediation frameworks; and whether the global ADR community is ready to embrace faster, leaner and less complex procedures. 'These are not theoretical exercises, they're real-world challenges for those building bridges, writing contracts, closing deals and solving disputes in real time, under real pressure.' Introduction of Bicam Expert Determination Rules marks a significant step forward in diversifying and strengthening the ADR tools available in Malaysia, especially in Sabah. Coupled with Bicam's growing portfolio, which includes arbitration, mediation and training, the new rules position the centre as a dynamic and solutions-driven institution. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available.
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