Section 41 — AKTA TIMBANGTARA 2005

(a)

with the consent of the arbitral tribunal; or

(b)

with the consent of every other party.

(2)

The High Court shall not consider an application under subsection (1) unless it is satisfied that the determination—

(a)

is likely to produce substantial savings in costs; and

(b)

substantially affects the rights of one or more of the parties.

(3)

The application shall identify the question of law to be determined and, except where made with the agreement of all parties to the proceedings, shall state the grounds that support the application.

(4)

While an application under subsection (1) is pending, the arbitral proceedings may be continued and an award may be made.

Disclosure of information relating to arbitral proceedings and awards prohibited 41a. (1) Unless otherwise agreed by the parties, no party may publish, disclose or communicate any information relating to—

(a)

the arbitral proceedings under the arbitration agreement;

or

(b)

an award made in those arbitral proceedings.

Arbitration 41

(2)

Nothing in subsection (1) shall prevent the publication, disclosure or communication of information referred to in that subsection by a party—

(a)

if the publication, disclosure or communication is made—

(i)

to protect or pursue a legal right or interest of the party; or

(ii)

to enforce or challenge the award referred to in that subsection, in legal proceedings before a court or other judicial authority in or outside Malaysia;

(b)

if the publication, disclosure or communication is made to any government body, regulatory body, court or tribunal and the party is obliged by law to make the publication, disclosure or communication; or

(c)

if the publication, disclosure or communication is made to a professional or any other adviser of any of the parties.

Proceedings to be heard otherwise than in open court 41b. (1) Subject to subsection (2), court proceedings under this

Act are to be heard otherwise than in an open court.

(2)

Notwithstanding subsection (1), the court may order the proceedings to be heard in an open court—

(a)

on the application of any party; or

(b)

if, in any particular case, the court is satisfied that those proceedings ought to be heard in an open court.

(3)

An order of the court under subsection (2) is final.

42—43. (Deleted by Act A1569).

Act 646

Costs and expenses of an arbitration