Malaysia legislation
Section 5
of CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS ACT 1985
Section 5
(a)
that a party to the arbitration agreement was, under the law applicable to him, under some incapacity; or
(b)
that the arbitration was not valid under the law to which the parties subjected it or, failing anyy indication thereon, under the law of the country where the award was made; or
that he was not given proper notice of the appointment of the arbitrator or of the arbitra-ion proceedings or was otherwise unable to present his case; or
(d)
subject to subsection (3), that the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitra-tion; or
that the composition of the arbitral authority or that the arbitral procedure was not in accor-dance with the agreement of the parties or, failing such agreement, with the law of the country where the arbitration took place; or
() that the award has not yet become binding onn the parties or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made.
(2)
Enforcement of a Convention award may also be refused if the award is in respect of a matter which
S not capable of settlement by arbitration, or if it
Would be contrary to public policy to enforce the award.
(3)
A Convention award which contains decisions on matters not submitted to arbitration may be enforced to the extent it contains decisions on matters submitted to arbitration which can be separated from those on matters not so submitted.
S. 5-61 8
(4)
If the court before which a Convention award 1S Sought to be relied upon is satisfied that a application for the setting aside or suspension of the award has been referred to in paragraph (f) of subsection (1), the court may, if decision on the enforcement of the award and may also, on the application of the party claiming enforce-ment of the award, order the other party to give suitable security.
made to a competent authority it considers it proper, adjourn the