The Arbitration Act 2005 UNCITRAL Model Law as applied in Malaysia

Publisher: Sweet & Maxwell Malaysia
ISBN: 9789832631811
Published In: November 2006
Format: Hardback
Jurisdiction: Malaysia ? Disclaimer:
Countri(es) stated herein are used as reference only

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The Arbitration Act 2005 (Act 646) came into force on March 15, 2006 and applies to all arbitrations commenced after that date regardless of when an arbitration agreement is entered into. The new Act, based on the UNCITRAL Model Law on International Commercial Arbitration, repeals and replaces the Arbitration Act 1952 (Act 93) and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 1985 (Act 320). Malaysia has now seen a major overhaul of its arbitral regime.

This is the first commentary on the Arbitration Act 2005 to be published since the passing of the Act. The two authors are well-known arbitral practitioners. They were involved in the deliberations by the Bar Council of Malaysia which resulted in the submissions to the A-G's Chambers of proposals that the new Act should be based on UNCITRAL Model Law.

This timely book is a useful and insightful guide to the new Arbitration Act 2005. It provides a section-by-section commentary on the provisions of the Act that will give readers a clear appreciation of the new arbitral regime. The provisions of the Act are analysed with reference to those of other jurisdictions which have successfully implemented the UNCITRAL Model Arbitration Law for practical lessons and judicial interpretation of the statutory provisions. This no doubt provides valuable assistance to arbitrators and parties involved in arbitration under the new Act.

Key features of the publication:

Clear section-by-section commentary of new Arbitration Act 2005
Reference to foreign case law to provide judicial guidance on interpretation of statutory provisions while the body of local case law is being developed
Useful guide to new arbitration system
Cross-references to relevant foreign materials
Practical insights provided by two leading arbitrators intimately familiar with the provisions of the new Act

Readership
Arbitration practitioners, lawyers, construction professionals, in-house counsel, bankers, business owners, foreign lawyers and parties involved in arbitration.