Articles
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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.
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Remuneration of Arbitrators [2002] 4 MLJ cliv.
Introduction
The arbitrator’s remuneration are sums due to him in respect of his fees and expenses. Such remuneration is also known as the costs of the award which must be distinguished from the costs of the reference, ie, legal costs incurred by the parties. 1
The arbitrator’s expenses
The expenses of the arbitrator or umpire will include the reasonable disbursements of the arbitral tribunal with regard to the recording of evidence and the hiring of a suitable venue. Where the arbitrator is empowered to employ a person, …
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Arbitration Awards [2002] 1 MLJ cc.
Synopsis
This article deals with the entitlement of a successful claimant in arbitration proceedings (including a respondent who succeeds in a counterclaim) to have included in the award an amount in respect of interest on the principle sum awarded in his favour; and with the accumulation of interest on the award itself from the date of the award until the date of payment. Generally, interest from the date of the award until the date of payment is purely statutory whereas the arbitrator’s power to award interest …
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Function, Powers and Duties of the Arbitral Tribunal [2001] 2 MLJ xvii. – Awards of Interest in Arbitration [2001] 2 MLJ lxxxv.
The first step in any arbitration proceeding is to notify the arbitrator that he or she has been appointed. Once validly appointed, the arbitrator then enters into a tripartite relationship with the parties. This relationship, in addition to conferring on the arbitrator various powers and rights, imposes upon him or her certain duties.
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Awards of Interest in Arbitration [2001] 2 MLJ lxxxv.
Synopsis
This article deals with the entitlement of a successful claimant in arbitration proceedings (including a respondent who succeeds in a counterclaim) to have included in the award an amount in respect of interest on the principle sum awarded in his favour; and with the accumulation of interest on the award itself from the date of the award until the date of payment. Generally, interest from the date of the award until the date of payment is purely statutory whereas the arbitrator’s power …
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The New Malaysian Arbitration Act 2005 – By W.S.W. Davidson and Sundra Rajoo Sweet & Maxwell – Reprinted from (2006) 72 Arbitration 257-264
Legislation and Guidelines
The New Malaysian Arbitration Act 2005
by W.S.W. DAVIDSON and SUNDRA RAJOO
1. INTRODUCTION
The Malaysian Arbitration Act 2005 (the new Act) brings a long-awaited and much-needed
change to the landscape of arbitration practice in Malaysia. It received the Royal Assent on
December 30, 2005 and will be applicable to all arbitrations commenced after March 15,
2006, while arbitrations commenced prior to that date will remain governed by the old
Arbitration Act 1952.
2. …
