Act of Parliament · Updated to 1 Nov 2018 · 12 chapters
Arbitration Act 2005
Feedback & supportDomestic and international arbitration and enforcing awardsPart I
Preliminary
Official textFrom Laws of Malaysia Online, unchanged
This Act may be cited as the Arbitration Act 2005.
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
In this Act, unless the context otherwise requires—
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any final, interim or partial award and any award on costs or interest but does not include interlocutory orders;
“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 arbitration;
“State” means a sovereign State and not a component state of
Malaysia, unless otherwise specified;
“presiding arbitrator” means the arbitrator designated in the arbitration agreement as the presiding arbitrator or chairman of the arbitral tribunal, a single arbitrator or the third arbitrator appointed under subsection 13(3);
“arbitration agreement” means an arbitration agreement as defined in section 9;
“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all the parties to the arbitration agreement, means a party to the arbitration;
“seat of arbitration” means the place where the arbitration is based as determined in accordance with section 22;
“international arbitration” means an arbitration where—
one of the parties to an arbitration agreement, at the time of the conclusion of that agreement, has its place of business in any State other than Malaysia;
one of the following is situated in any State other than
Malaysia in which the parties have their places of business:
the seat of arbitration if determined in, or pursuant to, the arbitration agreement;
any place where a substantial part of the obligations of any commercial or other relationship is to be performed or the place with which the subject matter of the dispute is most closely connected;
or
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the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one
State;
“domestic arbitration” means any arbitration which is not an international arbitration;
“arbitral tribunal” means an emergency arbitrator, a sole arbitrator or a panel of arbitrators.
For the purposes of this Act—
in the definition of “international arbitration”—
where a party has more than one place of business, reference to the place of business is that which has the closest relationship to the arbitration agreement; or
where a party does not have a place of business, reference to the place of business is that party’s habitual residence;
where a provision of this Act, except section 3, leaves the parties free to determine a certain issue, such freedom shall include the right of the parties to authorize a third party, including an institution, to determine that issue;
where a provision of this Act refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, that agreement shall include any arbitration rules referred to in that agreement;
where a provision of this Act refers to a claim, other than in paragraphs 27(a) and 34(2)(a), it shall also apply to a counterclaim, and where it refers to a defence, it shall also apply to a defence to that counterclaim.
This Act shall apply throughout Malaysia.
In respect of a domestic arbitration, where the seat of arbitration is in Malaysia—
Parts I, II and IV of this Act shall apply; and
Part III of this Act shall apply unless the parties agree otherwise in writing.
In respect of an international arbitration, where the seat of arbitration is in Malaysia—
Parts I, II and IV of this Act shall apply; and
Part III of this Act shall not apply unless the parties agree otherwise in writing.
For the purposes of paragraphs (2)(b) and (3)(b), the parties to a domestic arbitration may agree to exclude the application of
Part III of this Act and the parties to an international arbitration may agree to apply Part III of this Act, in whole or in part.
Representation 3a. Unless otherwise agreed by the parties, a party to arbitral proceedings may be represented in the proceedings by any representative appointed by the party.
Any dispute which the parties have agreed to submit to arbitration under an arbitration agreement may be determined by arbitration unless the arbitration agreement is contrary to public policy or the subject matter of the dispute is not capable of settlement by arbitration under the laws of Malaysia.
The fact that any written law confers jurisdiction in respect of any matter on any court of law but does not refer to the determination of that matter by arbitration shall not, by itself, indicate that a dispute about that matter is not capable of determination by arbitration.
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s 5Government to be bound
This Act shall apply to any arbitration to which the Federal
Government or the Government of any component state of Malaysia is a party.
Part II
Arbitration
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Part III
Additional Provisions Relating to Arbitration
Part IV