Arbitration Act 2005 · Updated to 1 Nov 2018 · Chapter 2
11. Arbitration agreement and interim measures by High Court
Feedback & supportA party may, before or during arbitral proceedings, apply to a High Court for any interim measure and the High Court may make the following orders for the party to—
party
“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;
maintain or restore the status quo pending the determination of the dispute;
take action that would prevent or refrain from taking action that is likely to cause current or imminent harm or prejudice to the arbitral process;
provide a means of preserving assets out of which a subsequent award may be satisfied, whether by way of arrest of property or bail or other security pursuant to the admiralty jurisdiction of the High Court;
*NOTE—Rules of the High Court 1980 [P.U. (A) 50/1980] has since been repealed by the Rules of Courts 2012 [P.U. (A) 205/2012]–see Order 94
P.U. (A) 205/2012.
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preserve evidence that may be relevant and material to the resolution of the dispute; or
provide security for the costs of the dispute.
Where a party applies to the High Court for any interim measure and an arbitral tribunal has already ruled on any matter which is relevant to the application, the High Court shall treat any findings of fact made in the course of such ruling by the arbitral tribunal as conclusive for the purposes of the application.
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;
This section shall also apply in respect of an international arbitration, where the seat of arbitration is not in Malaysia.
international arbitration
“international arbitration” means an arbitration where— (a) 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; (b) one of the following is situated in any State other than Malaysia in which the parties have their places of business: (i) the seat of arbitration if determined in, or pursuant to, the arbitration agreement; (ii) 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 Arbitration 9 (c) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one State;