Arbitration In Malaysia by Thayananthan Baskaran


Arbitration in Malaysia : A commentary on the Malaysian Arbitration Act By Thayananthan Baskaran

Author Thayananthan Baskaran 
Publication Date Sept, 2019
ISBN 9789041186652
Publisher Wolters Kluwer


The Malaysian Arbitration Act 2005 is the subject of this analysis. Section by section, the commentary follows the Act. It presents the text of each provision of the Act in chronological sequence, followed by an explanation of the section's purpose. The commentary then follows each part of the Act back to the Model Law or legislation it is based on, as well as the Model Law's or statute's history. The provisions of each section are then explained in terms of their applicability and impact.

The remark is mostly based on how Malaysian courts have interpreted the Arbitration Act 2005 in the decade after it came into effect. When a section of the Act has yet to be construed by the courts, UNCITRAL reports, comments on the Model Law and legislation from other Model Law countries, and statutory interpretation principles are used.

Kuala Lumpur is becoming a regional arbitration centre. The Permanent Court of Arbitration has built offices in Kuala Lumpur, which has been chosen as an alternate site by the International Centre for Settlement of Investment Disputes. This book 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. It is intended to serve as the primary source of reference for international arbitrations seated in Kuala Lumpur.

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 dispute's subject matter;
  • Parties' legal recourse; the form of an arbitration agreement; the type of arbitration agreement; the type of arbitration agreement; the type of arbitration agreement; the type of arbitration agreement; the
  • Arbitrators' appointment, dismissal, and replacement;
  • The arbitral tribunal's jurisdiction;
  • measures in the interim;
  • a technique for carrying out an arbitration;
  • formal criteria for a legally binding arbitral ruling;
  • reasons for reversing an arbitral decision;
  • ways of enforcing a judgement; and
  • There are a variety of reasons why enforcement may be denied.

How this will help you:

In approaching any arbitration with a seat in Malaysia, this authoritative guide to the law of arbitration in Malaysia will show to be of enormous benefit. It will be useful for arbitrators, in-house counsel, law firms, corporations doing transnational commerce, academics, and international arbitration centres, among others.

TABLE OF CONTENTS of Arbitration In Malaysia

General Provisions

Arbitration Agreement

Composition of Arbitrators

Jurisdiction of the Arbitral Tribunal

Conduct of Arbitral Proceedings

Making of Award and Termination of Proceedings

Recourse Against Award

Recognition and Enforcement of Awards

Additional Provisions Relating to Arbitration


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ISBN: 9789041186652

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