Three Focused Services, One Consistent Standard
Sablecroft's work concentrates on the full arc of commercial dispute resolution — from the first hearing before an arbitral tribunal through to enforcement of the final award in Malaysian courts.
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How We Approach Each Matter
Across all three service areas, the same discipline applies: thorough preparation, measured communication, and advocacy that serves the client's actual interests.
Commercial Arbitration
Sablecroft provides full-scope representation in domestic and international arbitration proceedings conducted under AIAC Rules, ICC Rules, or ad hoc procedures agreed between the parties. The service covers the complete arbitration lifecycle — from the constitution of the tribunal and preliminary hearings through to the final award.
Commercial arbitration under AIAC Rules is frequently chosen by parties in construction, infrastructure, and trade disputes. ICC proceedings attract cross-border commercial matters where international enforceability is a priority from the outset. Ad hoc procedures are sometimes preferred in long-standing relationships where institutional involvement is not required.
What This Service Includes
- Arbitration clause review and pathway advisory
- Claim preparation and statement of case drafting
- Written submissions and memorials
- Witness statement preparation and preparation for cross-examination
- Hearing attendance and oral advocacy before the tribunal
- Post-hearing brief preparation and correction of obvious errors in awards
Process
Mediation & Conciliation
Mediation involves a neutral third party facilitating structured negotiation between disputing parties, with the goal of reaching a mutually acceptable settlement. Unlike arbitration, the mediator does not decide the outcome — the parties retain control. Sablecroft provides representation to parties entering mediation, which has a meaningful effect on preparation quality and negotiation strategy.
The service covers both court-annexed mediation (increasingly common in Malaysian civil proceedings under Practice Direction 5/2010) and private commercial mediation. Conciliation, where the neutral plays a more active evaluative role, is also within scope for parties who prefer that format.
What This Service Includes
- Pre-mediation case analysis and interest mapping
- Position statement drafting (mediation brief)
- Opening statement preparation
- Negotiation strategy advisory and in-session representation
- Settlement agreement review and drafting
- Court-annexed mediation procedure compliance
Process
Arbitration Award Enforcement
An arbitral award has no practical value if it cannot be enforced. Sablecroft provides legal support for recognising and enforcing domestic and foreign arbitral awards in Malaysian courts. The process is governed by the Arbitration Act 2005 (for domestic awards and foreign Convention awards) and the New York Convention 1958 for awards from the 170+ signatory states.
Enforcement applications require proper preparation — including authentication of the award, translation where required, and understanding the grounds on which the other party may seek to have enforcement refused. Sablecroft anticipates and responds to setting-aside or refusal applications as part of the standard scope.
What This Service Includes
- Enforcement feasibility assessment (domestic and foreign awards)
- High Court originating summons preparation
- Award authentication and translation coordination
- Affidavit in support and supporting documentation
- Response to setting-aside or non-enforcement challenges
- Cross-border enforcement strategy advisory
Process
Choosing the Right Service
The nature of your dispute and your objectives determine which service applies. This comparison may help orient your thinking.
| Consideration | Commercial Arbitration | Mediation | Award Enforcement |
|---|---|---|---|
| Binding outcome | Yes — tribunal award | Only if settlement reached | Yes — court order |
| Parties retain control of outcome | No | Yes | No |
| Suitable where arbitration clause exists | Primary route | Often as precursor | After award issued |
| Typical timeline | 6 – 36 months | Days – 3 months | 2 – 6 months |
| Preserves business relationship | Sometimes | More likely | Neutral |
| Requires an existing award | No | No | Yes |
| Starting fee (RM) | 6,500 | 2,500 | 4,800 |
Professional Standards Across All Services
Not Sure Which Service Applies?
An initial conversation with our team can help clarify the available pathways for your dispute. We are happy to provide a preliminary assessment before any commitment is made.
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