Malaysia
Since
early 2001, ISDLS has been collaborating with the Malaysian legal community in
their efforts to alleviate backlog and delay in their civil justice system. Recently,
the project has been expanded to a variety of other areas, including enforcement
of intellectual property laws and the creation of a police oversight system.
Civil
In 2001 and early 2002, there was a series of exchange
programs between the Malaysian legal study group and members of ISLDS's US team.
Two programs grew out of these exchanges: a pilot project in judicial case management
and a mediation seminar, planned for 2004.
The pilot project, which began
in September 2002, divides the handling of cases in the commercial High Courts
of Kuala Lumpur between a pre-trial and trial judge.
By actively discussing
the case with the parties, pre-trial judges are able to focus on the legal and
factual questions at issue in the suit and encourage lawyers to formulate their
arguments before trial, thereby shortening the preparation and trial process,
and increasing the chances of early settlement. The division of labor between
the two types of judges encourages open communication between the parties during
pre-trial litigation and preserves judicial impartiality in cases that do not
settle.
The Malaysian bar also recently established a mediation-training
center. During the planned mediation seminars, members of the bar and ISDLS delegates
will discuss the feasibility of incorporating court-guided mediation into the
pre-trial process.Criminal
ISDLS will also collaborate with
a Malaysian legal study group on a criminal legal reform effort in Malaysia, to
address the broad inefficiency and inequities within the criminal justice system,
and increase the effectiveness of prosecution in IP cases. ISDLS has been asked
by the Malaysian Attorney General to develop proposals for judicial and prosecutorial
police oversight, as well as a more efficient trial prosecution model incorporating
plea-bargaining.
Education and Exchange
ISDLS will
facilitate an exchange with the Malaysian Attorney General's office to provide
them with the information they need to effectively represent Malaysia in transnational
litigation, without relying on outside hired counsel. The curriculum will cover
substantive international law, practice mediation, negotiation, and trial advocacy
skills, and English legal language.
In May 2003, High Court Judge Richard
Datuk Malanjum will be representing Malaysia in ISDLS's South Asia Rule of Law
Conference.
|