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Kota Kinabalu: The Borneo International Centre for Arbitration and Mediation (Bicam) located at the Sabah International Convention Centre (SICC) invites local oil and gas companies participating at the Sabah Oil, Gas & Energy Conference & Exhibition 2024 (SOGCE’24) at SICC to consider using its reasonably priced expertise in any event of a contractual or business dispute that may arise in future.

Bicam Chairman Tan Sri David Wong said this when presenting his paper “Introducing Bicam for a Resilient Ecosystem in O&G” at the event on Friday June 28, showing charts of lower fees charged by Bicam in comparison with other alternative dispute resolution centres elsewhere in Southeast Asia.

Therefore, Bicam is touting its cost effectiveness, expertise of arbitrators, and confidentiality crucial to the preservation of business or commercial relationships in arbitration proceedings.

Wong, the former Chief Judge of Sabah and Sarawak, now retired, asked the audience to consider including the Bicam mediation clause when drawing up their contracts or agreements: “Any dispute arising out of or in connection with this contract … shall be referred to mediation administered by the Borneo International Centre for Arbitration and Mediation …”

He told them that in many countries, courts of law may want the parties in dispute before filing their cases in court, to go through the process of mediation and try to solve their disputes or claims out of court first, which could be very costly and without the benefit of confidentiality in open court hearing.

Wong explained: “Mediation is a voluntary and confidential process in which a neutral third party, the mediator, assists disputing parties in reaching a mutually acceptable agreement.

“Unlike litigation or arbitration, mediation does not involve a binding decision imposed by a judge or arbitrator.

“Instead, it empowers the parties involved to collaborate and to find a resolution that suits their unique circumstances.”

The same may be advisable for parties wanting to use arbitration to settle their commercial disputes outside of the court system where they cannot pick and choose their expert on the subject matter to judge and rule on the settlement.

“In the court system, you cannot choose the judge or judges,” Wong stressed.

As for arbitration, Wong explained: “Arbitration is a widely used method of resolving disputes outside the traditional courtroom setting.

“It involves the submission of a dispute to one or more arbitrators who make a binding decision on the matter.

“This method is increasingly favoured for its efficiency, confidentiality, and flexibility by many parties or companies, including in the oil and gas industry.”

Founded in 2023, Wong said Bicam is dedicated to providing exceptional arbitration and mediation services for alternative dispute resolution or ADR users in the region.

“With a focus on resolving business-related conflicts, Bicam offers a reliable and effective pathway towards achieving mutually beneficial resolutions.”

As litigation costs continue to rise in tandem with higher standards of living, Bicam recognises the increasing demand among business users for a more accessible and cost-efficient method of dispute resolution.

The Bicam Mediation Clause reads: “Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to mediation administered by the Borneo International Centre for Arbitration and Mediation (Bicam) in accordance with the Bicam Mediation Rules for the time being in force, which rules are deemed to be incorporated by reference to this clause.”

Wong said Bicam prides itself on being at the forefront of the evolving landscape, offering a blend of mediation and arbitration services that meet the diverse needs of local and international clients.