An Overview Of Arbitration In Malaysia

1. EXECUTIVE SUMMARY

1.1 What are the advantages and disadvantages relevant to arbitrating or bringing arbitration related proceedings in your jurisdiction?

• Malaysia is a signatory to the 1958 Convention on Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). As such, an arbitral award from Malaysia is enforceable in more than 148 countries.
• The Malaysian Arbitration Act 2005 (AA) is modelled on the UNCITRAL Model Law on International Commercial Arbitration 1985 (with amendments as adopted in 2006) (Model Law) and the New Zealand Arbitration Act 1996.
• Malaysia is a common law jurisdiction, and the Malaysian courts regard decisions by Commonwealth courts as highly persuasive, particularly in commercial matters.