Arbitration in Malaysia

Arbitration in Malaysia

A Commentary on the Malaysian Arbitration Act

Thayananthan Baskaran

Kuala Lumpur is developing into a regional hub for arbitration. The International Centre for Settlement of Investment Disputes has selected Kuala Lumpur as an alternative venue and the Permanent Court of Arbitration has opened offices there. This section-by-section commentary provides a sequential, in-depth analysis of the Malaysian Arbitration Act 2005, explaining each section’s purpose, legal source, application and effect.

The text and commentary offer comprehensive details on issues arising in the course of an arbitration in Malaysia, including the following:

• arbitrability of the subject matter of the dispute;
• form of an arbitration agreement;
• recourse available to parties from the Courts;
• appointment, removal and substitution of arbitrators;
• jurisdiction of the arbitral tribunal;
• interim measures;
• procedure for the conduct of an arbitration;
• formal requirements for a binding arbitral award;
• grounds for setting aside an arbitral award;
• means for enforcing an award; and
• grounds on which enforcement may be declined.

The commentary is primarily based on the interpretation of the Act by the Courts. The commentary includes the history of each section of the Act and the source texts in the underlying United Nations Commission on International Trade Law Model Law and statutes in other Model Law jurisdictions.

This definitive guide will prove to be of immeasurable value in approaching any arbitration with a seat in Malaysia. In addition to such practical use, it will be relevant for arbitrators, in-house counsel, law firms, companies doing transnational business, interested academics and international arbitration centers.