The Arbitration Act 2005 (Amended 2011, 2018 and 2024): UNCITRAL Model Law as Applied in Malaysia, 2nd Edition | 2026*

The Arbitration Act 2005 (Amended 2011, 2018 and 2024): UNCITRAL Model Law as Applied in Malaysia, 2nd Edition | 2026*

This authoritative commentary provides an in-depth analysis of Malaysia’s Arbitration Act 2005, available in both print and ProView eBook formats. Since its introduction, the Act has undergone four amendments, with the latest reforms in 2024 introducing significant changes, including the new section 9A on the applicable law governing arbitration agreements, the third-party funding framework under sections 46A to 46I, and a revised institutional appointing-authority structure.

Over the past two decades, the Federal Court has significantly shaped the interpretation and application of the Act through its evolving jurisprudence. As a result, the current Arbitration Act 2005 differs substantially from the original legislation enacted 20 years ago. This second edition offers the most up-to-date and authoritative examination of the Act, analysing each provision in its current form.

The commentary explores the legislative background behind each amendment, examines Malaysian case law interpreting the provisions, compares the Act with the UNCITRAL Model Law and related international jurisdictions, and highlights areas where the law is established as well as issues that remain subject to further development.

Designed as a comprehensive reference, this single-volume work serves the needs of judges, legal practitioners, arbitration institutions, and academics seeking a reliable and current understanding of every section of the Arbitration Act 2005.

While readers familiar with the author’s Handbook on Arbitration (Thomson Reuters, 2026) will recognise the related subject matter, this commentary offers a distinct approach. Unlike the Handbook, which follows the practical stages of an arbitration—from arbitration agreements and tribunals to proceedings, awards, court involvement, and enforcement—this book is structured around the Arbitration Act itself, providing a section-by-section statutory analysis.

Together, both volumes serve as complementary resources: the Handbook on Arbitration as a practical guide for conducting arbitrations, and this commentary as an authoritative reference on the legislation governing arbitration in Malaysia. Combined, they provide a complete resource on the law and practice of arbitration in Malaysia.

Who This Book Is For

• Judges – A valuable reference for interpreting the provisions of the Arbitration Act 2005 in matters involving stay applications, challenges to arbitral awards, recognition, and enforcement proceedings.

• Counsel – Provides authoritative guidance for preparing legal arguments and submissions on arbitration jurisdiction, procedural matters, arbitral awards, and applications before the courts after an award has been issued.

• Arbitrators – Explains the legal framework applicable to arbitral tribunals in Malaysia, including tribunal powers, the boundaries of court involvement, and the statutory requirements relating to arbitral awards.

• In-house Counsel – Supports effective arbitration planning by addressing key statutory considerations in drafting arbitration clauses, managing disputes, and mitigating legal risks.

• Academics and Students – Offers a detailed and current analysis of the Malaysian Arbitration Act, placing its development within the broader context of international arbitration standards and the UNCITRAL Model Law framework.

Table of Contents of The Arbitration Act 2005 (Amended 2011, 2018 and 2024): UNCITRAL Model Law as Applied in Malaysia, 2nd Edition:

Introductory Overview 

Provides an insightful overview of arbitration in Malaysia and the relevant statutory developments.

 Part I • Preliminary (ss 1–2)

• Short title and commencement
• Interpretation
• The scope and application of the Act to domestic and international arbitrations seated in Malaysia

Part II • Arbitration (ss 3–46I)

• Receipt of communications
• Arbitrability
• Arbitration agreements including the new section 9A on the law applicable to an agreement
• Stay of court proceedings
• Interim measures
• Composition and jurisdiction of the tribunal
• Conduct of proceedings
• The award and its making
• Setting aside
• Recognition and enforcement
• Appeals on questions of law
• Costs and fees
• Third party funding under the new sections 46A to 46I
• And the role of the courts at each stage

Part III • Additional Provisions Relating to Arbitration (ss 47–51) 

• The additional provisions applicable to international and domestic arbitration
• Consolidation
• Determination of preliminary points of law
• The powers of the court

Part IV • Miscellaneous (ss 52–56)

•  Liability of arbitrators
•  Immunity of appointing authorities
•  Banking secrecy
• Bankruptcy
• Consequential and supplementary provisions
• Repeal and saving

Format of Commentary

• The text of the section as it stands in 2026, with the 2011, 2018 and 2024 amendments incorporated.

• The Model Law equivalent (with the article number and any divergences identified).

• Legislative history: the original 2005 provision and the path through the 2011, 2018 and 2024 amendments.

• Malaysian case law: Federal Court, Court of Appeal and High Court decisions construing the section, set out chronologically with the principles drawn.

• Comparative materials: leading authorities on the corresponding provisions in Singapore, Hong Kong, Australia, Canada and England.

• Practical observations: the questions that practitioners and tribunals most frequently encounter on the section, with the author’s analysis.

About the Author:

Datuk Professor Sundra Rajoo is recognised as Malaysia’s first full-time arbitrator, having practised in this capacity since 1997. He has acted as arbitrator in more than 300 international and domestic arbitration cases across regions including Asia, Africa, Europe, and the Middle East.

He has served twice as Director of the Asian International Arbitration Centre (2010–2018 and 2023–2024), is the Founding President of the Asian Institute of Alternative Dispute Resolution, and was elected President of the Chartered Institute of Arbitrators in London in 2016.

He currently serves as Adjunct Professor at the Faculty of Built Environment, Universiti Teknologi Malaysia, and as Visiting Professor at Hainan University and Guangxi University in China. With extensive expertise in arbitration, adjudication, and construction law, he has authored 12 leading treatises, including Handbook on Arbitration (Thomson Reuters, 2026), the comprehensive work International Arbitration: Law, Practice and Procedure (India and Comparative Jurisdictions) (Thomson Reuters, 2026), and the forthcoming co-edited title Arbitration in Malaysia: A Practical Guide (2nd edn, Thomson Reuters, 2026).

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