The arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in Malaysia

Idid, Syed Ahmad and Oseni, Umar Aimhanosi (2014) The arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in Malaysia. Malayan Law Journal, 2. cxxxii-clii. ISSN 0025-1283

	PDF - Published Version Restricted to Repository staff only Download (145kB) | Request a copy
	PDF (The arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in Malaysia) - Published Version Restricted to Repository staff only Download (728kB) | Request a copy

Abstract

It seems obvious and trite that court intervention in arbitral proceedings has continued to generate controversy among practitioners and researchers. Through a series of amendments to comply with international best practices in the field of arbitration, Malaysia has again introduced another phase in the practice of arbitration. This is part of the continuous drive towards a substantial compliance with the UNCITRAL Model Law on International Commercial Arbitration of 1985 (as revised in 2006). The Arbitration (Amendment) Act 2011 amends certain provisions of the Principal Act (Arbitration Act 2005). This paper examines the major highlights of the new amendments with particular focus to the extent of curial intervention in the arbitral process. The paper concludes that though the jurisdiction or intervention of the court cannot be totally ousted, it can however be limited to benign judicial regulation, as shown in this salutary amendment of the Arbitration Act 2005. Such clear and unambiguous amendments are necessary to smoothen, facilitate and streamline the arbitral process to make it more accessible to parties.

Item Type:	Article (Journal)
Additional Information:	6807/36863
Uncontrolled Keywords:	The arbitration (amendment) act 2011, court intervention, arbitral proceedings in Malaysia
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr. Umar Aimhanosi Oseni
Date Deposited:	06 Aug 2014 16:45
Last Modified:	18 Apr 2016 00:00
URI:	http://irep.iium.edu.my/id/eprint/36863

Actions (login required)

View Item