Week 6 & 7 - ADR and Arbitration in Malaysia

Which Act governs statutory adjudication of non-payment issues arising from construction contracts in Malaysia?

• Construction Industry Arbitration Act 2015

• Construction Industry Payment and Adjudication Act 2012 (CIPAA)

• Malaysia Construction Dispute Resolution Act 2010

• Arbitration Act 1998

What is the primary challenge with ADR in the Malaysian employment law system?

• Lack of legal framework for ADR

• Increasing backlog of cases in the Industrial Relations Department and Court

• Unclear role of ADR in collective disputes

• Over-reliance on arbitration

What is "Expert Determination" in the context of ADR?

• A non-binding negotiation process

• A process where a subject matter expert makes a binding decision

• An informal mediation process

• A process used only in criminal law

Which of the following is NOT a feature of ADR in Singapore?

• Singapore Mediation Centre (SMC)

• Court Mediation Centre (CMC)

• Indigenous systems of justice by local communities

• Eagle Mediation and Counselling Centre

In Malaysia, under which law were Islamic ADR processes like Sulh and Hakam introduced for family disputes?

• Islamic Family Law (Federal Territories) Act 1984

• Shariah Law Act 2000

• Civil Procedure Code 1999

• Arbitration Act 2005

Which Surah in the Quran provides guidance on dispute resolution in a marital context in Islam?

• Surah Al-Baqarah

• Surah An-Nisa

• Surah Al-Maidah

• Surah Al-Imran

What is the role of the *hakam* in Islamic ADR processes?

• To act as a mediator between two disputing parties

• To serve as a legal representative in court

• To provide financial compensation to the aggrieved party

• To act as a judge and impose legal rulings

In Islamic ADR, what is the key principle emphasized for resolving disputes?

• Punishment

• Litigation

• Mediation and reconciliation

• Arbitration only

The concept of *Sulh* in Islamic ADR refers to which of the following?

• A court-imposed settlement

• A peaceful settlement through mutual agreement

• An arbitration award that is binding

• A form of punishment in Islamic law

Which body in Malaysia handles Islamic family disputes, especially through ADR mechanisms like *Sulh*?

• Industrial Court

• Civil Court

• Shariah Court

• Arbitration Council