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Malaysia

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In Asia-Pacific

Baker McKenzie International Arbitration Yearbook 2021-2022 – Malaysia

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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…

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In Asia-Pacific

Malaysia: The consideration to set aside an arbitral award

by and 6 Mins Read

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)…

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In Australia

TPP text released: Investment Chapter

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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…

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