Section 38
Recognition and enforcement
(1)
On an application in writing to the High Court, an award made in respect of an arbitration where the seat of arbitration is in Malaysia or an award from a foreign State shall, subject to this section and section 39 be recognized as binding and be enforced by entry as a judgment in terms of the award or by action.
(2)
In an application under subsection (1) the applicant shall produce—
(a)
the duly authenticated original award or a duly certified copy of the award; and
(b)
the original arbitration agreement or a duly certified copy of the agreement.
Act 646
(3)
Where the award or arbitration agreement is in a language other than the national language or the English language, the applicant shall supply a duly certified translation of the award or agreement in the English language.
(4)
For the purposes of this Act, “foreign State” means a
State which is a party to the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards adopted by the United
Nations Conference on International Commercial Arbitration in 1958.