Arbitration centre proposed for building management disputes

Wednesday, September 10, 2008
Issue 462, Page 2
Word count: 446
Published in: Macau Daily Times

By Poyi (Natalie) Leung

The Housing Bureau (IHM) is proposing the setting up of an arbitration centre to settle building management disputes in order to avoid lengthy legal proceedings, said IHM chief Chiang Coc Meng yesterday.

The regulations, which include the scope of arbitration, the location of the arbitration centre, the arbitration proceedings and the verdicts’ effectiveness, will have its public consultation period started today and run until October 24.

A press conference was held yesterday at the IHM office in which president Chiang Coc Meng and chief of the building management affairs department, Michael Mio, presented the content of the proposal to local media.

According to Mr Chiang, in order to provide a timely solution for building management disputes and better protect both parties’ legal rights, an arbitration centre will be necessary to judge such kind of civil disputes which take place in Macau and involve matters such as cost sharing of building maintenance and a building’s management right.

No more than 500 building management disputes were received by the IHM in 2007, the president said, adding the IHM would usually explain to the parties about their obligations and relevant regulations to try help them reach a settlement before court.

An arbitration commission is also proposed to be responsible for giving out verdicts and be made up of representatives from the IHM, law degree holders with minimum eight years of relevant work experiences as well as community associations.

An arbitration agreement must be set out by both parties before the case can be proceeded to the arbitration centre, Mr Chiang said, adding mediation will first be given to try settle the dispute and if it fails, the case will then be sent to the commission for a trial.

The IHM president said verdicts given out by the arbitration centre will have the same legal enforcement as those given by courts, and appeals can only be made with applied conditions.

Although it is suggested that an arbitration will not cost both parties any money, Mr Chiang said the commission will have the right to fine either of them who is found abusing the arbitration proceedings.

The regulations also proposed the arbitration centre to be set up in the IHM office building in Ilha Verde.

If the proposal is to be passed at the Legislative Assembly, Mr Chiang said it is hoped that the arbitration centre can be in operation early next year.

Copies of the proposed regulations can be obtained at the IHM office, or its homepage at http://www.ihm.gov.mo.
Opinions and suggestions to the proposals can be sent to the IHM office by mails to 102 Travessa Norte do Patane, Ilha Verde, Macau, by fax 28305909, or by email info@ihm.gov.mo.

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