The Legal 500 Country Comparative Guides: Malaysian Chapter, International Arbitration
Dear valued clients, colleagues and friends,
Our Arbitration and Mediation partners Rabindra S. Nathan, Rodney Gomez and K. Shanti Mogan have co-authored the Malaysian chapter of The Legal 500 Country Comparative Guides: International Arbitration 2021.
The Arbitration Act 2005 (“AA 2005”) applies to arbitration in Malaysia. Parts I, II and IV of the AA 2005, comprising sections 1 to 5, sections 6 to 39 and sections 47 to 51, are of mandatory application in respect of both domestic and international arbitrations where the seat of arbitration is in Malaysia.
Examples of mandatory legislative provisions that apply in Malaysia are as follows:
- determine the number of arbitrators (section 12(1), AA2005);
- agree on a procedure for the appointment of the arbitrator(s) (section 13(2), AA 2005);
- agree on the procedure to be followed by the arbitral tribunal in conducting the arbitration (section 21(1), AA 2005).
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