Judicial Approach To Application And Construction Of Arbitration Act 2005 In Malaysia: Section 8

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 ecosystem. 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 Arbitration Act 2005 (the 2005 Act) and, in particular, focuses on the judicial approach to minimal court intervention set out in section 8.¹

Party autonomy

The courts recognise that party autonomy is the hallmark of arbitration. This principle was given statutory force by way of the original wording of section 8 of the 2005 Act, which was based on article 5 of the United Nations Commission of International Trade Law (UNCITRAL) Model Law (the Model Law). Section 8 was initially worded as follows: "Unless otherwise provided no Court shall intervene in any of the matters governed by this Act."