Arbitral awards : grounds for review

Mohammad, Mohammad Tahir Sabit (2020) Arbitral awards : grounds for review. In: Alternative dispute resolution: law & practice. Current Law Journal, Kuala Lumpur, pp. 655-690. ISBN 978-967-457-144-3

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Abstract

Typically, one would presume that judicial review, in the context of arbitration, refers to the process for setting aside an arbitral award under s. 37 of the Malaysian Arbitration Act 2005 (‘Act’). We, however, follow a broader view based on the outcome of judicial scrutiny and substance, i.e. the power of the court whenever it is authorised under the Act to intervene or re-examine the validity of an arbitral award. This may be setting aside the award under s. 37 for domestic arbitration and the recognition and enforcement of foreign arbitral awards under ss. 38-39.2 Naturally, we do not refer to the power of the court under ss. 10 and 11 of the Act or other sections that authorise court action prior to or during the process of arbitration.

Item Type:	Book Chapter
Additional Information:	8500/82680
Uncontrolled Keywords:	Arbitration, Award, Review, Enforcement
Subjects:	K Law > K1001 Commercial Law K Law > K600 Private Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Assoc Prof Mohammad Tahir Sabit Haji Mohammad
Date Deposited:	23 Oct 2020 10:48
Last Modified:	18 Jan 2021 15:28
URI:	http://irep.iium.edu.my/id/eprint/82680

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