Sabah Law Association disturbed by NGO’s statement

KOTA KINABALU, Mar 5, 2014: Sabah Law Association is disturbed by a recent article published in a local daily, stressing that it sends the wrong perception on Sabah lawyers and the on-going battle to protect their rights.

SLA president Datuk Ganesh Nandy said the article titled “NGO differs on who can be arbitrator,” a statement by the Royal Institution of Surveyors Malaysia Sabah Branch chairperson Catherine Yen, where she chose to comment on a matter not knowing its full facts and on a matter which is sub judice or pending before for determination in the Federal Court.

“Commenting on a matter pending before the court is improper and may amount to contempt of court,” said Gaanesh in a statement, yesterday.

He said the article had created a wrong perception to the public on Sabah lawyers’ rights to represent parties in arbitration proceedings in Sabah to the exclusion of lawyers from outside Sabah – rights, which the SLA will argue in the Federal Court that are protected under the Advocates Ordinance and the Federal Constitution.

“This is one of the 20 points that was agreed in the inter-Government Committee Report and in the Malaysia Agreement.

“The decision in the High Court and Court of Appeal is not about Sabah lawyers wanting to have a monopoly of arbitration work in Sabah, the question before the Federal Court is whether foreign lawyers can appear in arbitration proceedings in Sabah doing legal work and advocacy, without having to obtain permission from the High Court on a case by case basis, as required under the Advocates Ordinance.

“It is emphasised that the said decision is not regarding ‘who can be arbitrator’, but rather on a lawyer from outside Sabah representing a party in arbitration proceedings in Sabah,” Gaanesh said.

He further explained that in the world of arbitration it is common for other professions including architects, engineers and surveyors to appear either as arbitrators or to act for a claimant or respondent because of their expertise to assist the arbitration tribunal in resolving disputes involving technical matters, for example, disputes concerning defective buildings or disputes over claims for work done by architects.

Gaanesh said that Justice David Wong, in his judgment in the High Court took the view that the question whether foreign lawyers can appear in arbitration cases in Sabah involving legal work and advocacy has implications to the livelihood of the members of the Sabah Law Association.

Meanwhile, the Court of Appeal allowed the appeal on the ground that the provisions of the Advocates’ Ordinance do not prohibit foreign lawyers from appearing in arbitration proceedings in Sabah involving legal work and advocacy.

He said SLA trusts that its clarification would put the matter in proper perspective.

 

 

source: The Borneo Post