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The Malaysian Arbitration Act 2005 (Amended 2011): An Annotation

The Arbitration Act 2005 (Amended 2011) introduced a radical new approach. It is designed to keep arbitration attractive in Malaysia in the forefront of choice for parties. The arbitral tribunal is given new powers which permit it to redefine arbitration as a dispute resolution process with unique qualities.
Publisher: LexisNexis

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Book (Soft cover)
ISBN/ISSN: 9789674001421
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RM 125.00

Product description

The Arbitration Act 2005 (Amended 2011) introduced a radical new approach. It is designed to keep arbitration attractive in Malaysia in the forefront of choice for parties. The arbitral tribunal is given new powers which permit it to redefine arbitration as a dispute resolution process with unique qualities. There is an immediate need for a commentary and collection of case materials on the amended law. The author have set out both to explain the background and philosophy of the Arbitration Act 2005 (Amended 2011) with its background in the UNCITRAL Model Law on International Commercial Arbitration together with a compilation of current judicial and academic references that help in elucidating and implementing the Act. One of the particular features of the Act is the range of choices available to the arbitral tribunal and parties at various stages and in respect of various aspects of the arbitration. It has created a range of options, ie allowing party selection of different laws governing different aspects of a dispute and the enforcement of arbitral awards in different states pursuant to the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards).
 

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Table of contents

PART 1 INTRODUCTION
(1) A BRIEF SURVEY
(2) THE MALAYSIAN EXPERIENCE
(3) THE LEGISLATIVE REFORMS OF 2005
(4) UNCITRAL MODEL LAW
(5) THE 2011 REFORMS
(6) THE FORMAT OF THE ACT
(7) USE OF CASE LAWS AND LEGAL TEXT

PART 2 ANNOTATIONS TO THE ARBITRATION ACT 2005
(1) ARBITRATION ACT 2005 AND ITS ANNOTATIONS (the law stated as at 5 October 2012)
(2) UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION 1985 AND ITS EXPLANATORY NOTE BY THE UNCITRAL SECRETARIAT

PART 3 KLRCA AND COMMENTARIES ON THE RULES
(1) THE KUALA LUMPUR REGIONAL CENTRE FOR ARBITRATION
(2) SERVICES AND FUNCTIONS OF KLRCA
(3) KLRCA’S RULES: A COMMENTARY