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The arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in Malaysia

It seems obvious and trite that court intervention in arbitral proceedings has continued to generate controversy among practitioners and researchers. Through a series of amendments to comply with international best practices in the field of arbitration, Malaysia has again introduced another phase in...

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Main Authors: Idid, Syed Ahmad, Oseni, Umar Aimhanosi
Format: Article
Language:English
English
Published: LexisNexis 2014
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/36863/1/Limiting_Court_Intervention_in_Arbitral_Proceedings.pdf
http://irep.iium.edu.my/36863/4/The_Arbitration.pdf
http://irep.iium.edu.my/36863/
http://www.lexisnexis.com/my/academic/
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spelling my.iium.irep.368632016-04-17T16:00:05Z http://irep.iium.edu.my/36863/ The arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in Malaysia Idid, Syed Ahmad Oseni, Umar Aimhanosi K Law (General) It seems obvious and trite that court intervention in arbitral proceedings has continued to generate controversy among practitioners and researchers. Through a series of amendments to comply with international best practices in the field of arbitration, Malaysia has again introduced another phase in the practice of arbitration. This is part of the continuous drive towards a substantial compliance with the UNCITRAL Model Law on International Commercial Arbitration of 1985 (as revised in 2006). The Arbitration (Amendment) Act 2011 amends certain provisions of the Principal Act (Arbitration Act 2005). This paper examines the major highlights of the new amendments with particular focus to the extent of curial intervention in the arbitral process. The paper concludes that though the jurisdiction or intervention of the court cannot be totally ousted, it can however be limited to benign judicial regulation, as shown in this salutary amendment of the Arbitration Act 2005. Such clear and unambiguous amendments are necessary to smoothen, facilitate and streamline the arbitral process to make it more accessible to parties. LexisNexis 2014 Article REM application/pdf en http://irep.iium.edu.my/36863/1/Limiting_Court_Intervention_in_Arbitral_Proceedings.pdf application/pdf en http://irep.iium.edu.my/36863/4/The_Arbitration.pdf Idid, Syed Ahmad and Oseni, Umar Aimhanosi (2014) The arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in Malaysia. Malayan Law Journal, 2. cxxxii-clii. ISSN 0025-1283 http://www.lexisnexis.com/my/academic/
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic K Law (General)
spellingShingle K Law (General)
Idid, Syed Ahmad
Oseni, Umar Aimhanosi
The arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in Malaysia
description It seems obvious and trite that court intervention in arbitral proceedings has continued to generate controversy among practitioners and researchers. Through a series of amendments to comply with international best practices in the field of arbitration, Malaysia has again introduced another phase in the practice of arbitration. This is part of the continuous drive towards a substantial compliance with the UNCITRAL Model Law on International Commercial Arbitration of 1985 (as revised in 2006). The Arbitration (Amendment) Act 2011 amends certain provisions of the Principal Act (Arbitration Act 2005). This paper examines the major highlights of the new amendments with particular focus to the extent of curial intervention in the arbitral process. The paper concludes that though the jurisdiction or intervention of the court cannot be totally ousted, it can however be limited to benign judicial regulation, as shown in this salutary amendment of the Arbitration Act 2005. Such clear and unambiguous amendments are necessary to smoothen, facilitate and streamline the arbitral process to make it more accessible to parties.
format Article
author Idid, Syed Ahmad
Oseni, Umar Aimhanosi
author_facet Idid, Syed Ahmad
Oseni, Umar Aimhanosi
author_sort Idid, Syed Ahmad
title The arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in Malaysia
title_short The arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in Malaysia
title_full The arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in Malaysia
title_fullStr The arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in Malaysia
title_full_unstemmed The arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in Malaysia
title_sort arbitration (amendment) act 2011: limiting court intervention in arbitral proceedings in malaysia
publisher LexisNexis
publishDate 2014
url http://irep.iium.edu.my/36863/1/Limiting_Court_Intervention_in_Arbitral_Proceedings.pdf
http://irep.iium.edu.my/36863/4/The_Arbitration.pdf
http://irep.iium.edu.my/36863/
http://www.lexisnexis.com/my/academic/
_version_ 1643611085299777536
score 13.211869

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