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The arbitral tribunal normally decides on the issues of relevance, admissibility and the weight to be attached to the evidence tendered at the hearing. As the tribunal is not bound by the general rules of evidence, most tribunals, in practice, adopt a flexible approach to the admissibility of evidence that may genuinely assist them in determining the dispute. This article is part of a series on conducting arbitration in Malaysia and, in particular, focuses on taking evidence.
This article is part of a series on conducting arbitration in Malaysia. In particular, it discusses the doctrine of separability, which became part of Malaysian law through section 18(2) of the Arbitration Act 2005, jurisdiction – with regard to the "competence-competence" principle and the interaction of national courts and tribunals – and subjective and objective arbitrability.
This article is part of a series on arbitration agreements in Malaysia. In particular, it looks at the consequences of arbitration agreements for third parties. It also discusses the effect of condition precedent clauses on arbitration agreements. Finally, there is a review of the way to terminate an arbitration agreement.
The Malaysian Bar reiterated its call to the attorney general (AG) to explain its decision to discontinue several prosecutions, especially in cases involving high-profile figures