Kota Kinabalu: The Borneo International Centre for Arbitration and Mediation (Bicam) has secured a significant milestone Sabah Immigration’s assurance to facilitate the smooth issuance of work passes for foreign counsel, arbitrators and experts involved in cases registered with the centre.
Bicam Chairman Tan Sri David Wong said the move is a key enabler to strengthen cross-border access to justice and international arbitration in Sabah.
“For those visiting Sabah for the first time and wondering how foreign arbitrators and counsel can practise here, unlike in Peninsular Malaysia or Sarawak where ad hoc admission is not automatic, even West Malaysian need the High Court’s permission to practise law in Sabah.
“But now, with the support of the State Attorney-General’s Chambers and the Sabah Law Society, any case registered with Bicam will face no objection to ad hoc admission. It’s essentially a formality,” he said.
There have already been successful cases involving arbitrators and counsel from West Malaysia, underlining Bicam’s commitment to “borderless” arbitration.
Wong also credited the Sabah Government for its proactive role in supporting Bicam’s development.
“Since Bicam’s inception, the State Government has issued a directive that all state government-linked companies and departments must include the Bicam ADR clause in contracts involving work in Sabah,” he said.
He added that legal practitioners in Sabah have also increasingly incorporated the Bicam model clause as a matter of course in contracts, signalling wider acceptance within the legal community.
“Business will come. It may take three to five years as disputes don’t arise overnight, but they will. And when they do, we’ll be ready,” he said.
Since its establishment in July 2023, Bicam has already handled five arbitration cases and successfully persuaded clients and lawyers to select the centre even when contracts pointed to other venues.
