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The Asian International Arbitration Centre (AIAC), Malaysia conducted a seminar on the “Perspectives from the Bench and Bar on Arbitration in India and Malaysia” on January 16, 2024 at Kuala. ....
Over the past few decades, Malaysia has sought to develop a refined and efficient system for alternative dispute resolution. Today, Malaysia has a relatively robust arbitration ecosystem. This article is part of a series that considers how the courts in Malaysia have construed and interpreted sections 8, 37 and 42 of the Arbitration Act 2005 and, in particular, focuses on the notion of a question of a law to be referred to a court for determination pursuant to section 42. ....
There is no appeals procedure against an award made in Malaysia under the Arbitration Act 2005. The only recourse is to set aside the award. The application to set aside an award has to be made within 90 days of receipt of the award, and the grounds for setting aside such an award are set out in section 37 of the Act. This article is part of a series on arbitral awards in Malaysia and, in particular, discusses challenging an arbitral award and other actions. ....
This article is part of a series on conducting arbitration in Malaysia. In particular, it looks at two new sections introduced into the Arbitration Act 2005 by the Arbitration (Amendment) Act 2018 (No. 2). The first section provides for a prohibition against the disclosure of information relating to arbitral proceedings and awards. The second section provides for court proceedings to be held in camera, unless a party applies to the court or the court is satisfied that the proceedings ought to be heard in an open court. ....
This article is part of a series on conducting arbitration in Malaysia. In particular, it looks at the interaction between national courts and arbitral tribunals under the Arbitration Act 1952 and the Arbitration Act 2005, multi-party situations – including consolidation and joinders – and the effect of insolvency of one of the parties. ....