A. LEGISLATION AND RULES A.1 Legislation International arbitration in Malaysia continues to be governed by the Arbitration Act 2005, to which no legislative amendment has been made since the latest amendments in 2018. A.2 Institutions, rules and infrastructure The Asian International Arbitration Centre (AIAC) is Malaysia’s leading arbitration institution, with several key launches in 2021. A.2.1 Launch of AIAC Arbitration Rules 2021 On 1 August 2021, the AIAC launched the latest revisions to its Arbitration…
MALAYSIA Eddie Chuah A. LEGISLATION AND RULES A.1 Legislation International arbitration in Malaysia continues to be governed by…
MALAYSIA Eddie Chuah A. LEGISLATION AND RULES A.1 Legislation The law and practice of arbitration in Malaysia continue…
The ambiguous legal position of the grounds to set aside an arbitral award since the Arbitration Act 2005 came into force has finally been settled in the recent Federal Court decision in Far East Holdings Bhd & Anor v. Majlis Ugama Islam dan Adat Resam Melayu Pahang and other appeals[1]. This case arose from a domestic arbitration where the arbitral tribunal made an award in favor of the respondent (ie, the claimant in the arbitration)…
Two years after its noted decision enforcing an annulled award in the Pemex[1] case, the Second Circuit again…
Get a quick comparison of commonly used arbitration rules in the ASEAN region in this Chart of Arbitral…
The much awaited text of the TPP has been released. As anticipated, the Investment Chapter (Chapter 9) sets out protections for investors of each TPP State and the mechanism for investors to bring claims in the event a TPP State fails to comply with these protections. A summary of those protections and the investor-state dispute settlement (ISDS) mechanism is set out below. What is protected? The TPP Investment Chapter protects investments made by investors of…
Agreement has been reached on the long-awaited Trans-Pacific Partnership (TPP). The TPP is a free trade agreement between…
International arbitration rules are compared in this Chart of Arbitral Institutions. Arbitration rules that are analysed include ICC Rules…