Arbitration Act 2005 · Updated to 1 Nov 2018 · Part III · Additional Provisions Relating to Arbitration
41. Determination of preliminary point of law by court
Feedback & supportAny party may apply to the High Court to determine any question of law arising in the course of the arbitration—
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;
with the consent of the arbitral tribunal; or
with the consent of every other party.
The High Court shall not consider an application under subsection (1) unless it is satisfied that the determination—
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;
is likely to produce substantial savings in costs; and
substantially affects the rights of one or more of the parties.
The application shall identify the question of law to be determined and, except where made with the agreement of all parties to the proceedings, shall state the grounds that support the application.
State
“State” means a sovereign State and not a component state of Malaysia, unless otherwise specified;
While an application under subsection (1) is pending, the arbitral proceedings may be continued and an award may be made.
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;
Disclosure of information relating to arbitral proceedings and awards prohibited 41a. (1) Unless otherwise agreed by the parties, no party may publish, disclose or communicate any information relating to—
the arbitral proceedings under the arbitration agreement;
or
an award made in those arbitral proceedings.
Arbitration 41
Nothing in subsection (1) shall prevent the publication, disclosure or communication of information referred to in that subsection by a party—
if the publication, disclosure or communication is made—
to protect or pursue a legal right or interest of the party; or
to enforce or challenge the award referred to in that subsection, in legal proceedings before a court or other judicial authority in or outside Malaysia;
if the publication, disclosure or communication is made to any government body, regulatory body, court or tribunal and the party is obliged by law to make the publication, disclosure or communication; or
if the publication, disclosure or communication is made to a professional or any other adviser of any of the parties.
Proceedings to be heard otherwise than in open court 41b. (1) Subject to subsection (2), court proceedings under this
Act are to be heard otherwise than in an open court.
Notwithstanding subsection (1), the court may order the proceedings to be heard in an open court—
on the application of any party; or
if, in any particular case, the court is satisfied that those proceedings ought to be heard in an open court.
An order of the court under subsection (2) is final.
42—43. (Deleted by Act A1569).