Judicial Approach To Application And Construction Of Arbitration Act 2005 In Malaysia: Introduction

Introduction

This article is part of a series that considers how the courts in Malaysia have construed and interpreted sections 8, 37 and 42 of the 2005 Act.¹

Over the past few decades, Malaysia has sought to develop a refined and efficient system for alternative dispute resolution. Today, Malaysia has a relatively robust arbitration eco-system.

Background

In 1950, the Arbitration Ordinance 1950 (the 1950 Ordinance) replaced the 1890 Arbitration Ordinance for all the states of the then Federation of Malaya. The 1950 Ordinance was based on the English Arbitration Act 1889. British North Borneo and Sarawak adopted the English Arbitration Act 1952 as their respective ordinance in 1952. In 1963, North Borneo and Sarawak joined the Federation of Malaysia. On 1 November 1972, Malaysia adopted the arbitration laws prevailing in Sabah and Sarawak and these laws became known in Malaysia as the Arbitration Act 1952 (the 1952 Act), which is based on the English 1950