Malaysia legislation
Section 4
of INTERNATIONAL SETTLEMENT AGREEMENTS RESULTING FROM MEDIATION ACT 2026
Section 4
(2)
The application under subsection (1) shall be accompanied by the following documents and evidence:
(a)
the original international settlement agreement or a duly certified copy of the agreement signed by the parties;
and
(b)
evidence that the international settlement agreement resulted from mediation, such as—
(i)
the signature of the mediator assisting the parties to the mediation on the international settlement agreement;
International Settlement Agreements Resulting from Mediation 9
(ii)
a document signed by the mediator certifying that the mediation was carried out; or
(iii)
an attestation by the body or organization that provides the mediation services.
(3)
In the absence of the evidence referred to in paragraph (2)(b), the party may submit such other evidence acceptable to the High Court in support of the application under subsection (1).
(4)
Upon receiving an application under subsection (1) together with the documents referred to in paragraph (2)(a) and evidence referred to in paragraph (2)(b) or subsection (3), the High Court may record or refuse to record the international settlement agreement as an order of the High Court.
(5)
Where the High Court records the international settlement agreement as an order of the High Court under this section—
(a)
the international settlement agreement may be enforced in the same manner as a judgement or order of the High Court; or
(b)
any of the parties may rely upon the international settlement agreement as a defence, set-off or otherwise in any proceedings.
Admission of international settlement agreement as evidence