Handbook on Arbitration by Sundra Rajoo | 2026*
Handbook on Arbitration by Sundra Rajoo | 2026*
| Author | Sundra Rajoo |
| Publication Date | June 2026 |
| ISBN |
9786297851372
|
|
Format |
Hardcover + eBook / eBook |
| Publisher | Sweet & Maxwell |
Arbitration in Malaysia has changed significantly over the past five years. Virtual hearings, once introduced as a temporary measure, have now become the standard approach. AI-assisted document review is increasingly widespread, and issues such as sanctions, ESG considerations, third-party funding, and cryptocurrency-related disputes are now regularly appearing in arbitral proceedings, often unexpectedly. The 2024 amendments to the Arbitration Act 2005, together with the new AIAC Suite of Rules 2026, have substantially reshaped the procedural framework. As a result, practitioners relying on pre-2023 materials are already working with outdated guidance.
This Handbook responds to that shift. Spanning 38 chapters, it guides readers through the full arbitration process—from the creation and validity of the arbitration agreement, through questions of jurisdiction, tribunal formation, and procedural conduct, to evidentiary issues, awards, costs, and the enforcement and recognition of awards under the New York Convention. Core principles are addressed with doctrinal clarity and a strong emphasis on practical application.
Grounded in the Arbitration Act 2005 (as amended in 2011, 2018, and 2024) and the AIAC Suite of Rules 2026, the work also situates each provision within the broader UNCITRAL Model Law framework. It draws comparative insights from key Model Law jurisdictions such as Singapore, Hong Kong, Australia, Canada, and England, ensuring Malaysian arbitration is understood in an international context and offering comparative readers a detailed view of Malaysia as a mature and relevant jurisdiction.
Who this book is for:
- Arbitrators – for the doctrinal and procedural questions tribunals seated in Kuala Lumpur and the wider region actually have to decide.
- Counsel – for briefs and oral submissions in AIAC, ad hoc, and Malaysian-related international arbitrations.
- Judges – for the supervisory questions arising before the High Court on stay, set-aside and enforcement under the Arbitration Act 2005.
- In-house counsel – for risk management, contract drafting, and dispute strategy in cross-border commercial agreements.
- Academics and students – for the most current and comprehensive treatment of Malaysian arbitration as it stands in 2026.
Foundations
Chapter 1: Introductory concepts
Chapter 2: The legal framework for arbitration
Chapter 3: International and national framework
The arbitration agreement
Chapter 4: Formation
Chapter 5: Effect
Chapter 6: Jurisdiction
Chapter 7: Stay of court proceedings
Tribunal and funding
Chapter 8: Commencement
Chapter 9: Composition
Chapter 10: Appointment
Chapter 11: Qualification
Chapter 12: Remuneration
Chapter 13: Third party funding
Conduct of proceedings
Chapter 14: Duties
Chapter 15: Powers
Chapter 16: Procedure
Chapter 17: Evidence
Chapter 18: Seat
Chapter 19: Interlocutory matters
Chapter 20: Default
Chapter 21: The role of the court
The award and its aftermath
Chapter 22: Types
Chapter 23: Publication
Chapter 24: Costs
Chapter 25: Mistakes
Chapter 26: Merits
Chapter 27: Effect
Chapter 28: Setting aside
Chapter 29: Recognition and enforcement
Specialised regimes
Chapter 30: Maritime
Chapter 31: Sports
Chapter 32: Intellectual property
Chapter 33: Employment
Chapter 34: Construction
Chapter 35: Investment
Chapter 36: Sanctions
Chapter 37: ESG
Chapter 38: Digital technologies
About the Author:
Datuk Professor Sundra Rajoo is recognised as Malaysia’s first full-time arbitrator, having practised in that capacity since 1997. He has acted in more than 300 international and domestic arbitrations spanning Asia, Africa, Europe, and the Middle East. He has served twice as Director of the Asian International Arbitration Centre (2010–2018 and 2023–2024), and is the Founding President of the Asian Institute of Alternate Dispute Resolution. In 2016, he was elected President of the Chartered Institute of Arbitrators in London. Academically, he holds positions as Adjunct Professor at the Faculty of Built Environment, Universiti Teknologi Malaysia, and as Visiting Professor at Hainan University and Guangxi University in China.

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