The Asia Pacific Arbitration Review 2007

Malaysia

There are two Acts governing the arbitration regime in Malaysia, namely the Arbitration Act 1952 (1952 Act) and the Arbitration Act 2005 (2005 Act). The latter Act, came into force on 14 March 2006. The 1952 Act is similar to the English Arbitration Act of 1950. It applies to both domestic and international arbitrations. The 1952 Act, though repealed by the 2005 Act, applies to pending arbitrations, of which notice of arbitration was given prior to 14 March 2006. The arbitration community, in particular the Malaysian Bar Council, recognising that the 1952 Act was outmoded, proposed that the 1952 Act be…

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