Arbitration in Malaysia
A commentary on the Malaysian Arbitration Act
By Thayananthan Baskaran
Arbitration in Malaysia is a commentary on the Malaysian Arbitration Act 2005. The commentary follows the Act section by section. In sequential order, it provides the text of a section of the Act, followed by an explanation of the purpose of the section. The commentary then traces the origin of each section of the Act to the Model Law or the statute it is based on, as well as the history of the Model Law or statute. This is followed by an explanation of provisions of each section in terms of their application and effect.
The commentary is primarily based on the interpretation of the Arbitration Act 2005 by the courts of Malaysia in the decade since it has been in force. Where a particular provision of the Act has yet to be interpreted by the courts, reliance is placed on reports of UNCITRAL, commentaries on the Model Law and statutes in other Model Law jurisdictions and the rules of statutory interpretation.
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 book, intended to serve as the primary source of reference for international arbitrations seated in Kuala Lumpur, provides section-by-section commentary in a sequential, in-depth analysis of the Malaysian Arbitration Act 2005, explaining each section’s purpose, legal source, application and effect.
What’s in this book:
The text and commentary offer comprehensive details on issues arising in the course of 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.
How this will help you:
This definitive guide to the law of arbitration in Malaysia 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 involved in transnational business, academics and international arbitration centres.