4. Application for enforcement of international settlement agreement
Feedback & supportA party to an international settlement agreement may make an application to the High Court for the international settlement agreement to be recorded as an order of the High Court for the purpose of enforcing the international settlement agreement.
party
“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;
The application under subsection (1) shall be accompanied by the following documents and evidence:
the original international settlement agreement or a duly certified copy of the agreement signed by the parties;
and
evidence that the international settlement agreement resulted from mediation, such as—
the signature of the mediator assisting the parties to the mediation on the international settlement agreement;
International Settlement Agreements Resulting from Mediation 9
a document signed by the mediator certifying that the mediation was carried out; or
an attestation by the body or organization that provides the mediation services.
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).
High Court
“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;
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.
international settlement agreement
“international settlement agreement” means a settlement agreement to which this Act applies as referred to in section 3;
Where the High Court records the international settlement agreement as an order of the High Court under this section—
the international settlement agreement may be enforced in the same manner as a judgement or order of the High Court; or
any of the parties may rely upon the international settlement agreement as a defence, set-off or otherwise in any proceedings.