Malaysia legislation
Section 5
Section 5
Amendment of section 9
(a)
by substituting for subsection (4) the following subsection:
“(4) An arbitration agreement is in writing—
(a)
if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means; or
(b)
if it is contained in an exchange of statement of claim and defence in which the existence of an agreement is alleged by one party and not denied by the other.”;
(b)
by inserting after subsection (4) the following subsection:
“(4a) The requirement that an arbitration agreement be in writing is met by any electronic communication
Arbitration (Amendment) (No. 2)
5
that the parties make by means of data message if the information contained therein is accessible so as to be useable for subsequent reference.”; and
(c)
by inserting after subsection (5) the following subsection:
“(6) For the purpose of this section, “data message”
means information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange, electronic mail, telegram, telex or telecopy.”.
Amendment of section 11