Malaysia legislation
Section 11
Section 11
The principal Act is amended by inserting after section 41
the following sections:
“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—
(a)
the arbitral proceedings under the arbitration agreement; or
(b)
an award made in those arbitral proceedings.
(2)
Nothing in subsection (1) shall prevent the publication, disclosure or communication of information referred to in that subsection by a party—
(a)
if the publication, disclosure or communication is made—
(i)
to protect or pursue a legal right or interest of the party; or
(ii)
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;
(b)
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
(c)
if the publication, disclosure or communication is made to a professional or any other adviser of any of the parties.
Arbitration (Amendment) (No. 2)
15
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.
(2)
Notwithstanding subsection (1), the court may order the proceedings to be heard in an open court—
(a)
on the application of any party; or
(b)
if, in any particular case, the court is satisfied that those proceedings ought to be heard in an open court.
(3)
An order of the court under subsection (2) is final.”.
Deletion of section 42