Law Pratice & Procedure of Arbitration -Act 2005
The statutory law on arbitration in Malaysia can be traced to the Arbitration Ordinance XIII of 1809, which governed what were then the British India-controlled Straits Settlements, comprising of Penang, Malacca and Singapore. It was in force for nearly 150 years before the Arbitration Act 1952 (Act 93) replaced it.

02-2009_Art_Vol-6
The payment of interest on monies paid later than it should is a normal feature of modern contractual relationships. It is highly probable that a party would suffer financial loss resulting from late payment of principal sums which could lead to a claim in arbitration either as a debt or damages. Such loss is recovered as interest.
The award of interest in arbitration has become routine. In fact, it is now rare for interest not to be awarded where an award provides for payment of monies due. The availability and rate …

Trade Disputes Solving Mechanisms – Poram Course (July 2009)
The flow of goods and services in a modern economy and international trade is based on contracts agreed by the parties. Such contracts are in turn based on trust that the other party will carry out the contracts as agreed. Should a dispute arise, it is possible to take legal action against a offending party. Commercial disputes may range from small to large ones.
Although there are no statistics, it is generally accepted that a large number of disputes never get anywhere near …

CCC MLJ Article as published (February 2008)
Delivery of a construction project is a process requiring the involvement of many parties. Apart from the developer and purchasers, there are a host of contractors, consultants and regulatory authorities. There are normally matters of considerable technical difficulties generated in the course of the actual works.
The Certificate Of Fitness for occupation problem
In particular, the housing sector has been plagued by many problems. A perpetual complaint relates to the issue of the Certificate of Fitness for Occupation as issued by local authorities (See s 3, …

The New Malaysian Arbitration Act 2005 – By W.S.W. Davidson and Sundra Rajoo Sweet & Maxwell – Reprinted from (2006) 72 Arbitration 257-264.
Malaysia enacted a new Arbitration Act 2005 (Act 646) on 30 December 2005 based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. The new Act repeals and replaces the previous Arbitration Act 1952 and the New York Convention enacted by Act 320 which dealt with the recognition and enforcement of international awards. It will be applicable to all arbitrations commenced …

The New Malaysian Arbitration Regime 2005 – MLJ August 2006.
Malaysia enacted a new Arbitration Act 2005 (Act 646) on 30 December 2005 based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. The new Act repeals and replaces the previous Arbitration Act 1952 and the New York Convention enacted by Act 320 which dealt with the recognition and enforcement of international awards. It will be applicable to all arbitrations commenced after 15 March 2006, while the old 1952 Act will continue to apply …

Arbitration Act 2005: Malaysia Joins the Model Law Arbitration Community – Law Review 2006.
Arbitration is an important part of commercial life and every legal system must
to some degree be concerned with it. The business and arbitral communities in
Malaysia had long clamoured for a total revision and updating of the Arbitration
Act 1952. Malaysia’s arbitration legislation has now seen a major overhaul with
the passing of the Arbitration Act 2005.
The Arbitration Act 2005, Act 646 (the new Act) received the Royal Assent on
December 30, 2005 and was published in the Gazette on December …

Preliminary and Interlocutory Matters In Arbitration [2005] 4 MLJ xcvii
Once a decision to refer a dispute to arbitration is made, the parties have to choose and appoint the arbitrator. This selection of arbitrator represents the single most important decision that the parties make in the arbitral process. The quality of the arbitrator represents the key to an efficient arbitration. During the process of choosing a suitable arbitrator, the parties or their representatives would be in touch with each other.
As far as possible, parties should try to reach agreement on the …

Drafting Effective Arbitration Agreements [2005] 1 MLJ i-xcvi.
Arbitration is the process by which a dispute or difference between two or more parties as to their mutual legal rights and liabilities is referred to and determined judicially and with binding effect by the application of law by one or more persons (the arbitral tribunal) instead of a court of law. 1

The purpose of the parties choosing arbitration, as against litigation, is that they expect a hand-picked expert tribunal to be able to resolve their dispute more proficiently, economically and expeditiously than …

Privacy and Confidentiality in Arbitration [2003] 2 MLJ lx.
Arbitration is distinguished from litigation by two essential features: privacy of the proceedings and confidentiality of the process. Privacy is concerned with the rights of persons other than arbitrators, parties and witnesses to attend meetings and hearings and to know about the arbitration. Confidentiality is the obligation on the arbitrators and the parties not to divulge or give out information relating to the contents of the proceedings, documents or the award.