Section 8
Setting aside order of court relating to enforcement of international settlement agreement
of International Settlement Agreements Resulting from Mediation Act 2026
Where an order of the High Court to record an international settlement agreement is made under subsection 4(4) in the absence of a party to the international settlement agreement, that party may apply to set aside the order of the High Court—
(a)
by furnishing any of the proof referred to in paragraph 7(1)(a);
or
(b)
by submitting evidence that—
(i)
the terms of the international settlement agreement is in conflict with the public policy of Malaysia;
or
(ii)
the subject matter of the commercial dispute is not capable of settlement by mediation under the laws of Malaysia.
(2)
Upon receiving an application under subsection (1) together with the proof and evidence so furnished or submitted, the High Court may set aside the order made under subsection 4(4).
International Settlement Agreements Resulting from Mediation 13