Malaysia legislation

Section 2

of INTERNATIONAL SETTLEMENT AGREEMENTS RESULTING FROM MEDIATION ACT 2026

Section 2

In this Act, unless the context otherwise requires—

“institution” means a body, entity or organization that conducts proceedings;

“Convention” means the United Nations Convention on

International Settlement Agreements Resulting from Mediation;

“High Court” means the High Court in Malaya and the High Court in Sabah and Sarawak or either of them, as the case may require;

“Minister” means the Minister charged with the responsibility for legal affairs;

“State” means a sovereign State and not a component state of Malaysia;

“mediator” means a person appointed by the parties to a mediation to assist the parties to reach an amicable settlement of their dispute;

“mediation” means a process, irrespective of the expression used or the basis upon which the process is carried out, whereby two or more parties to a mediation attempt to reach an amicable settlement of their commercial dispute with the assistance of a mediator;

International Settlement Agreements Resulting from Mediation 7

“settlement agreement” means an agreement in writing resulting from mediation and concluded between the parties to the mediation for the resolution of a commercial dispute;

“international settlement agreement” means a settlement agreement to which this Act applies as referred to in section 3;

“party” or “parties” means a party or the parties to an international settlement agreement, but does not include the mediator assisting the party or parties to the mediation that results in the international settlement agreement;

“proceedings” means any proceedings of a civil nature and includes any application made at any stage of such proceedings;

“signature” includes electronic signature as defined in the Electronic Commerce Act 2006 [Act 658].