Malaysia legislation
Section 30
Section 30
(2)
Notwithstanding any term in any submission to the effect that no cause of action shall accrue in respect of any matter required by the submission to be referred until an award is made under the submission, the cause of action shall, for the purpose of this Act and of any other such written law (whether in their application to arbitrations or to other proceedings), be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the submission.
(3)
For the purpose of this Act and of any such written law as aforesaid, an arbitration shall be deemed to be commenced when one party to the arbitration serves on the other party a notice requiring him or them to appoint an arbitrator or to agree to the appointment of an arbitrator, or, where the submission provides that the reference shall be to a person named or designated in the submission, requiring him or them to submit the dispute to the person so named or designated.
(4)
Any such notice as aforesaid may be served either—
(a)
by delivering it to the person on whom it is to be served;
(b)
by leaving it at the usual or last known place of abode in
Malaysia of that person; or
(c)
by sending it by post in a registered letter addressed to that person at his usual or last known place of abode in
Malaysia,
32 Laws of Malaysia ACT 254
as well as in any other manner provided in the submission; and where a notice is sent by post in a manner prescribed by paragraph (c) of this subsection, service thereof shall, unless the contrary is proved, be deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of post.
(5)
Where the High Court orders that an award be set aside or orders, after the commencement of an arbitration, that the arbitration shall cease to have effect with respect to the dispute referred, the Court may further order that the period between the commencement of the arbitration and the date of the order of the Court shall be excluded in computing the time prescribed by this Act or any such written law as aforesaid for the commencement of proceedings (including arbitration)
with respect to the dispute referred.
(6)
This section shall apply to an arbitration under any written law as well as to an arbitration pursuant to a submission, and subsections
(3)
and (4) thereof shall have effect, in relation to an arbitration under any written law, as if for the references to the submission there were substituted references to such of the provisions of the law or of any order, scheme, rules, regulations, or by-laws made thereunder as relate to the arbitration.
(7)
In this section the expressions “arbitration”, “award” and
“submission” have the same meanings as in the *Arbitration Act 1952
[Act 93].
Provisions as to set-off or counter-claim