Arbitration Act 2005 · Updated to 1 Nov 2018 · Part I · Preliminary
3. Application to arbitrations and awards in Malaysia
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In respect of a domestic arbitration, where the seat of arbitration is in Malaysia—
domestic arbitration
“domestic arbitration” means any arbitration which is not an international arbitration;
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—
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;
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.
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;