Q. Could you give a general introduction to International Arbitration in Malaysia? A. Extracted from Rahmat Lim & Partners, Malaysia, July 15 2022 Introduction Malaysia is widely recognised as an arbitration-friendly Read More …
Category: Arbitration
Appeal against an arbitral award
Q. Can arbitration proceedings and awards be appealed or challenged in the local court? What are the grounds and procedure? Can the parties effectively exclude any rights of appeal? A. Read More …
When one party denies tribunal’s jurisdiction
Q.What happens when one party to an arbitration denies that the tribunal has jurisdiction over the dispute? Is the doctrine of kompetenz-kompetenz followed in arbitration? A.The party denying that the Read More …
Court intervention in Arbitration
Q.Will the local courts intervene to assist arbitration proceedings? Can a party in arbitration delay proceedings by frequent court applications? Provide a case for your discussion. A.Section 8 of the Read More …
Arbitration Agreements – requirements
Q.Are there any legal requirements relating to the form and consent of an arbitration agreement? What provisions are required for an arbitration agreement to be binding and enforceable? A.The Act Read More …
A Q&A guide to arbitration in Malaysia
Q.Is there a simple straight forward guide to Arbitration in Malaysia? A.There is a good Q&A Guide on Arbitration in Malaysia. Arbitration Procedures and Practice in Malaysia – Overview.By ASHOK Read More …
Where arbitrability becomes a question
Q. Is there any dispute over a contract that cannot be arbitrated? A. “English law has never arrived at a general theory for distinguishing those disputes which may be settled by Read More …
Series D02 Law 1/6 – Question 5; Arbitration
Q. Can you predict what question is going to come out on Arbitration this year 2015? (Series D02 Law 1/6 – Question 5; Arbitration) A. Based on the past 4 Read More …
Arbitration award final and binding
Q. In an arbitration, can the parties eventually turn back and not accept the award? A. Firstly, arbitral proceeding can be terminated according to Section 34 at any time during Read More …
Recourse against award in an arbitration
Q. In an arbitration, an appeal has been made to the High Court. In what circumstances can the High Court set aside the decision of the arbitral tribunal? A. Past Read More …
Jurisdiction of Arbitration Tribunal
Q.What are the scope of jurisdiction of arbitration tribunal? How much can the arbitration tribunal decide with the duty vested in it? A.Chapter 4 Jurisdiction of arbitral tribunal Competence of Read More …
Challenge procedure for rejecting the arbitrator
Q.If you are not happy with an arbitrator, what can you do? A. Challenge procedure 15. (1) Unless otherwise agreed by the parties, any party who intends to challenge an Read More …
How many arbitrator?
Q.In an arbitration, what is the required number of arbitrator specified by Arbitration Act 2005? A. Chapter 3 – Composition of arbitrators of Arbitration Act, 2005 specifies that: Number of arbitrators Read More …
Arbitration Agreement, what is it?
Q. According to Arbitration Act, 2005, explain what is an arbitration agreement. What effect does it have in the process of court proceedings? A. Refer another posting on ‘Arbitration Agreement Read More …
Appointment of arbitrators
Q.According to Arbitration Act, 2005, what are the procedures of arbitrator appointment? A. Appointment of arbitratorsSection 13. (1) Unless otherwise agreed by the parties, no person shall be precluded by Read More …
Procedure and law governing arbitration in Malaysia
Q.Explain the procedure and law governing arbitration in Malaysia. A.At the moment there are, two Arbitration Acts being used in Malaysia, being the Arbitration Act 1952 which is based on Read More …
Why Arbitration? Why KLRCA?
Q.Why arbitration? Why KLRCA? A Arbitration in Malaysia: Taking it to the next level ARBITRATION is a form of alternative dispute resolution to resolve legal disputes outside the traditional court Read More …
Arbitration as option in dispute settlement in Malaysia
Q.How is Arbitration available as an option for dispute settlement in Malaysia? How does it differ from Court settlement? A.On March 15, 2006, Law 646 of 2005, on Arbitration came Read More …
Substitute Arbitrator and Expert Appointment Q2
Q.With reference to the Arbitration Act 2005; a) Explain the appointment of Substitute Arbitrator. (10 marks) b) The Expert appointed by the Arbitral Tribunal. (10 marks) (20 marks, 2014 Q2) Read More …
Arbitration Act 2005 Arbitral Tribunal Q5
Q.With reference to the Arbitration Act 2005, describe the powers conferred upon the Arbitral Tribunal under Section 21. (20 marks, 2013 Q5) A. Although it would be better to put Read More …