Decision-making in the Tribunal for Consumer Claims: A Critical Review

Su’aida Safei, Nuraisyah Chua Abdullah

2018

Abstract

While the Tribunal for Consumer Claims (TCC) was established to address a wide range of consumer disputes relating to goods and services in a speedy manner, decision-makings are sometimes questionable as the decision-maker (President) may not have the technical knowledge on the respective areas. In view of the limitation that a decision-maker may possess, foreign jurisdictions started to adopt ‘lay judge’ (decision-maker who does not have legal background) with the objective to assist the legal judge with technical or social assistance. The involvement of the lay judge is aimed to assist the legal judge with components of discussions that the legal judge may not be well equipped, and this is reasonably understood in the EU countries and Australia. It may be a solution to the issue of lack of knowledge of the legal decision-maker (President) in the current TCC. Through qualitative and comparative approaches, this paper uncovers that participation of ‘lay judge’ is not alien in the administration of justice in some “administrative tribunals” in Malaysia. Nevertheless, this lay participation is absent in the TCC, thus further research on this area is suggested to be conducted in order to further enhance the function of TCC as an effective consumer settlement forum

Paper Citation

in Harvard Style

Safei S. and Abdullah N. (2018). Decision-making in the Tribunal for Consumer Claims: A Critical Review.In Proceedings of the International Law Conference - Volume 1: i-NLAC, ISBN 978-989-758-482-4, pages 424-430. DOI: 10.5220/0010054504240430

in Bibtex Style

@conference{i-nlac18,
author={Su’aida Safei and Nuraisyah Chua Abdullah},
title={Decision-making in the Tribunal for Consumer Claims: A Critical Review},
booktitle={Proceedings of the International Law Conference - Volume 1: i-NLAC,},
year={2018},
pages={424-430},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010054504240430},
isbn={978-989-758-482-4},
}

in EndNote Style

TY - CONF

JO - Proceedings of the International Law Conference - Volume 1: i-NLAC,
TI - Decision-making in the Tribunal for Consumer Claims: A Critical Review
SN - 978-989-758-482-4
AU - Safei S.
AU - Abdullah N.
PY - 2018
SP - 424
EP - 430
DO - 10.5220/0010054504240430