Arbitration Act 2005
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Arbitration Act 2005 | |
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Parliament of Malaysia | |
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Citation | Act 646 |
Territorial extent | Throughout Malaysia |
Passed by | Dewan Rakyat |
Passed | 7 December 2005 |
Passed by | Dewan Negara |
Passed | 22 December 2005 |
Royal assent | 30 December 2005 |
Commenced | 31 December 2005 |
Effective | [15 Mac 2006; P.U. (B) 65/2006] |
Legislative history | |
First chamber: Dewan Rakyat | |
Bill title | Arbitration Bill 2005 |
Bill citation | D.R. 30/2005 |
Introduced by | M. Kayveas, Deputy Minister in the Prime Minister's Department |
First reading | 5 December 2005 |
Second reading | 7 December 2005 |
Third reading | 7 December 2005 |
Second chamber: Dewan Negara | |
Bill title | Arbitration Bill 2005 |
Bill citation | D.R. 30/2005 |
Member(s) in charge | [[]], Minister of |
First reading | 8 December 2005 |
Second reading | 21 December 2005 |
Third reading | 22 December 2005 |
Amended by | |
Arbitration (Amendment) Act 2011 [Act A1395] | |
Related legislation | |
Arbitration Act 1952 [Act 93] Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 1985 [Act 320] | |
Status: In force |
The Arbitration Act 2005 (Malay: Akta Timbang Tara 2005) is a Malaysian law that was enacted to reform the law relating to domestic arbitration, provide for international arbitration, recognize and enforce awards, and deal with related matters.
Structure
[edit]The Arbitration Act 2005, in its current form (1 July 2011), consists of 4 Parts containing 51 sections and no schedule (including 1 amendment).
- Part I: Preliminary
- Part II: Arbitration
- Chapter 1: General Provisions
- Chapter 2: Arbitration Agreement
- Chapter 3: Composition of Arbitrators
- Chapter 4: Jurisdiction of Arbitral Tribunal
- Chapter 5: Conduct of Arbitral Proceedings
- Chapter 6: Making of Award and Termination of Proceedings
- Chapter 7: Recourse Against Award
- Chapter 8: Recognition and Enforcement of Awards
- Part III: Additional Provisions Relating to Arbitration
- Part IV: Miscellaneous
References
[edit]- Thayananthan Baskaran. Arbitration in Malaysia: A Commentary on the Malaysian Arbitration Act. Kluwer Law International. 2019. Google.
- Sundra Rajoo and W S W Davidson. The Arbitration Act 2005: UNCITRAL Model Law as Applied in Malaysia. Sweet & Maxwell Asia. 2007. Reviewed at (2008) 10 Asian Dispute Review 32 and (2007) 15 IIUM Law Journal 149
- Sundra Rajoo and W S W Davidson, "The Malaysian Arbitration Act 2005 and the UNCITRAL Model Law" (2006) 8 Asian Dispute Review 80
- Sundra Rajoo, "Award of Interest Under the Arbitration Act 2005" [2009] 6 Malayan Law Journal xix
- Sundra Rajoo, "Law, Practice and Procedure of Arbitration: The Arbitration Act 2005 Perspective" [2009] 2 Malayan Law Journal cxxxvi
- Sundra Rajoo. UNCITRAL Model Law & Arbitration Rules: The Arbitration Act 2005 (Amended 2011 & 2018) and the AIAC Arbitration Rules 2018. Sweet & Maxwell. 2019. Reviewed at (2021) 37 Arbitration International 785
- Sundra Rajoo. Law, Practice and Procedure of Arbitration. Second Edition. LexisNexis. 2016. Reviewed at (2017) 33 Arbitration International 688
External links
[edit]- Arbitration Act 2005 This article incorporates text from this source, which is in the public domain.