Malaysia legislation

Section 7

of ARBITRATION (AMENDMENT) (NO. 2) ACT 2018

Section 7

Section 19 of the principal Act is amended—

(a)

in subsection (1)—

(i)

by substituting for the words “a party may apply to the arbitral tribunal for any of the following orders:” the words “the arbitral tribunal may, at the request of a party, grant interim measures.”;

and

(ii)

by deleting paragraphs (a) to (d);

(b)

by substituting for subsection (2) the following subsection:

“(2)  An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party to—

(a)

maintain or restore the status quo pending the determination of the dispute;

(b)

take action that would prevent or refrain from taking action that is likely to cause current or imminent harm or prejudice to the arbitral process itself;

(c)

provide a means of preserving assets out of which a subsequent award may be satisfied;

(d)

preserve evidence that may be relevant and material to the resolution of the dispute;

or

(e)

provide security for the costs of the dispute.”;

and

(c)

by deleting subsection (3).

Arbitration (Amendment) (No. 2)

7

New sections 19a, 19b, 19c, 19d, 19e, 19f, 19g, 19h, 19i and 19j

Section 7 — AKTA TIMBANG TARA (PINDAAN) (NO. 2) 2018