Arbitration Act 2005 · Updated to 1 Nov 2018 · Chapter 8
38. Recognition and enforcement
Feedback & supportOn 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.
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;
In an application under subsection (1) the applicant shall produce—
the duly authenticated original award or a duly certified copy of the award; and
the original arbitration agreement or a duly certified copy of the agreement.
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.
award
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any final, interim or partial award and any award on costs or interest but does not include interlocutory orders;
For the purposes of this Act, “foreign State” means a
State
“State” means a sovereign State and not a component state of Malaysia, unless otherwise specified;
State which is a party to the Convention on the Recognition and
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;
Enforcement of Foreign Arbitral Awards adopted by the United
Nations Conference on International Commercial Arbitration in 1958.