The Legal Framework for Arbitration

General Information

  • UNCITRAL Model-Law based: Yes.

  • Legal Provisions: Act 646 (Arbitration Act 2005), as amended by the 2011 Amendment Act.

Arbitral Institutions

  • Asian International Arbitration Centre (AIAC)

  • The Malaysian Institute of Arbitrators (MIArb)

Multilateral Conventions

  • New York Convention: Yes (ratification/accession: 5 November 1985); reservations: The Government of Malaysia, in accordance with the provision of Article I(3) of the Convention, declares that it will apply the Convention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting States. Malaysia further declares that it will apply the Convention only to difference arising out of legal relationship, whether contractual or not, which are considered as commercial under Malaysian law.

  • European Convention: No.

  • ICSID Convention: Yes (ratification/accession: 8 August 1966).

  • Energy Charter Treaty: No.

 

Last updated February 2019