Arbitration Act 2005 · Updated to 1 Nov 2018 · Chapter 3
13. Appointment of arbitrators
Feedback & supportUnless otherwise agreed by the parties, no person shall be precluded by reason of nationality from acting as an arbitrator.
The parties are free to agree on a procedure for appointing the arbitrator or the presiding arbitrator.
presiding arbitrator
“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);
Where the parties fail to agree on the procedure referred to in subsection (2), and the arbitration consists of three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator as the presiding arbitrator.
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;
Where subsection (3) applies and—
a party fails to appoint an arbitrator within thirty days of receipt of a request in writing to do so from the other party; or
the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment or such extended period as the parties may agree, either party may apply to the Director of the Asian International
Arbitration Centre (Malaysia) for such appointment.
Where in an arbitration with a single arbitrator—
the parties fail to agree on the procedure referred to in subsection (2); and
the parties fail to agree on the arbitrator, either party may apply to the Director of the Asian International
Arbitration Centre (Malaysia) for the appointment of an arbitrator.
Where, the parties have agreed on the procedure for appointment of the arbitrator—
a party fails to act as required under such procedure;
the parties, or two arbitrators, are unable to reach an agreement under such procedure; or
a third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the Director of the Asian International
Arbitration Centre (Malaysia) to take the necessary measures, unless the agreement on the appointment procedure provides other means for securing the appointment.
Where the Director of the Asian International Arbitration
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;
Centre (Malaysia) is unable to act or fails to act under subsections
, (5) and (6) within thirty days from the request, any party may apply to the High Court for such appointment.
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;
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In appointing an arbitrator the Director of the Asian
International Arbitration Centre (Malaysia) or the High Court, as the case may be, shall have due regard to—
any qualifications required of the arbitrator by the agreement of the parties;
other considerations that are likely to secure the appointment of an independent and impartial arbitrator; and
in the case of an international arbitration, the advisability of appointing an arbitrator of a nationality other than those of the parties.
No appeal shall lie against any decision of the Director of the Asian International Arbitration Centre (Malaysia) or the High
Court under this section.