Arbitration Act 2005 · Updated to 1 Nov 2018 · Part IV · Miscellaneous
49. Bankruptcy
Feedback & supportWhere a party to an arbitration agreement is a bankrupt and the person having jurisdiction to administer the property of the bankrupt adopts the agreement, the arbitration agreement shall be enforceable by or against that person.
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;
The High Court may direct any matter in connection with or for the purpose of bankruptcy proceedings to be referred to arbitration if—
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;
the matter is one to which the arbitration agreement applies;
the arbitration agreement was made by a person who has been adjudged a bankrupt before the commencement of the bankruptcy proceedings; and
the person having jurisdiction to administer the property does not adopt the agreement.
Arbitration 45
An application under subsection (2) may be made by—
any other party to the arbitration agreement; or
any person having jurisdiction to administer the property of the bankrupt.