Arbitration Act 2005 · Updated to 1 Nov 2018 · Chapter 6
30. Law applicable to substance of dispute
Feedback & supportThe arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute.
arbitral tribunal
“arbitral tribunal” means an emergency arbitrator, a sole arbitrator or a panel of arbitrators.
(Deleted by Act A1569).
Any designation of the law or legal system of a given
State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules.
State
“State” means a sovereign State and not a component state of Malaysia, unless otherwise specified;
Failing any designation by the parties, the arbitral tribunal shall apply the laws determined by the conflict of laws rules which it considers applicable.
The arbitral tribunal shall decide according to equity and conscience only if the parties have expressly authorized it to do so.
The arbitral tribunal shall, in all cases, decide in accordance with the terms of the agreement and shall take into account the usages of the trade applicable to the transaction.