Malaysia legislation
Section 9
Section 9
(2)
An arbitration agreement may be in the form of an arbitration clause in an agreement or in the form of a separate agreement.
(3)
An arbitration agreement shall be in writing.
(4)
An arbitration agreement is in writing—
(a)
if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means; or
Arbitration 13
(b)
if it is contained in an exchange of statement of claim and defence in which the existence of an agreement is alleged by one party and not denied by the other.
(4a)
The requirement that an arbitration agreement be in writing is met by any electronic communication that the parties make by means of data message if the information contained therein is accessible so as to be useable for subsequent reference.
(5)
A reference in an agreement to a document containing an arbitration clause shall constitute an arbitration agreement, provided that the agreement is in writing and the reference is such as to make that clause part of the agreement.
(6)
For the purpose of this section, “data message” means information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange, electronic mail, telegram, telex or telecopy.
Arbitration agreement and substantive claim before court