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Judicial interpretations on question of law under section 42 of arbitration act 2005

In making an arbitration award, the arbitrator must define it clearly, unambiguously, justly and enforceability. Once the award is made and published, is a final and binding document and enforceable as a judgment of the High Court. However, the award can still be challenged when an award contain que...

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Main Author: Yeoh, Zi Yee
Format: Thesis
Language:English
Published: 2017
Subjects:
QE Geology
Online Access:http://eprints.utm.my/id/eprint/79002/1/YeohZiYeeMFAB2017.pdf
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spelling my.utm.790022018-09-19T05:22:50Z http://eprints.utm.my/id/eprint/79002/ Judicial interpretations on question of law under section 42 of arbitration act 2005 Yeoh, Zi Yee QE Geology In making an arbitration award, the arbitrator must define it clearly, unambiguously, justly and enforceability. Once the award is made and published, is a final and binding document and enforceable as a judgment of the High Court. However, the award can still be challenged when an award contain question of law where a court can set aside or remit the award to the arbitrator for further consideration. There is no provision in both 1952 Act and 2005 Act to limit and no clear definition as to what exactly means by "question of law". Thus, it does not provide guidelines for the losing party to decide whether the award can arise as question of law and should they challenge the arbitral award under this ground. Normally it is for the court to decide. Hence, this research intends to determine the judicial interpretations on "question of law under section 42 of Arbitration Act 2005". This research was carried out mainly through documentary analysis of law journals and law reports. Results show that there are six main judicial interpretations for "question of law" which include the grounds in support must also stated on the same basis, the question of law must be legitimate question of law, and not a question of fact "question of law" as a question of law, the court must dismiss the reference if a determination of the question of law will not have a substantial effect on the rights of parties, the intervertion by the court must only be if the award is manifestly unlawful and unconscionable, the arbitral tribunal remains the sole determiners of questions of fact and evidence and while the findings of facts and application of legal principles by the arbitral tribunal may be wrong (in Instances of findings of mixed fact and law), the court should not intervene unless the decision is perverse). It is recommended that the six judicial interpretations should be included in the Arbitration Act so that it can be the guidelines for the party who wish to challenge the award under the ground of question of law on the face of award. 2017 Thesis NonPeerReviewed application/pdf en http://eprints.utm.my/id/eprint/79002/1/YeohZiYeeMFAB2017.pdf Yeoh, Zi Yee (2017) Judicial interpretations on question of law under section 42 of arbitration act 2005. Masters thesis, Universiti Teknologi Malaysia, Faculty of Built Environment. http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:107048
institution Universiti Teknologi Malaysia
building UTM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Malaysia
content_source UTM Institutional Repository
url_provider http://eprints.utm.my/
language English
topic QE Geology
spellingShingle QE Geology
Yeoh, Zi Yee
Judicial interpretations on question of law under section 42 of arbitration act 2005
description In making an arbitration award, the arbitrator must define it clearly, unambiguously, justly and enforceability. Once the award is made and published, is a final and binding document and enforceable as a judgment of the High Court. However, the award can still be challenged when an award contain question of law where a court can set aside or remit the award to the arbitrator for further consideration. There is no provision in both 1952 Act and 2005 Act to limit and no clear definition as to what exactly means by "question of law". Thus, it does not provide guidelines for the losing party to decide whether the award can arise as question of law and should they challenge the arbitral award under this ground. Normally it is for the court to decide. Hence, this research intends to determine the judicial interpretations on "question of law under section 42 of Arbitration Act 2005". This research was carried out mainly through documentary analysis of law journals and law reports. Results show that there are six main judicial interpretations for "question of law" which include the grounds in support must also stated on the same basis, the question of law must be legitimate question of law, and not a question of fact "question of law" as a question of law, the court must dismiss the reference if a determination of the question of law will not have a substantial effect on the rights of parties, the intervertion by the court must only be if the award is manifestly unlawful and unconscionable, the arbitral tribunal remains the sole determiners of questions of fact and evidence and while the findings of facts and application of legal principles by the arbitral tribunal may be wrong (in Instances of findings of mixed fact and law), the court should not intervene unless the decision is perverse). It is recommended that the six judicial interpretations should be included in the Arbitration Act so that it can be the guidelines for the party who wish to challenge the award under the ground of question of law on the face of award.
format Thesis
author Yeoh, Zi Yee
author_facet Yeoh, Zi Yee
author_sort Yeoh, Zi Yee
title Judicial interpretations on question of law under section 42 of arbitration act 2005
title_short Judicial interpretations on question of law under section 42 of arbitration act 2005
title_full Judicial interpretations on question of law under section 42 of arbitration act 2005
title_fullStr Judicial interpretations on question of law under section 42 of arbitration act 2005
title_full_unstemmed Judicial interpretations on question of law under section 42 of arbitration act 2005
title_sort judicial interpretations on question of law under section 42 of arbitration act 2005
publishDate 2017
url http://eprints.utm.my/id/eprint/79002/1/YeohZiYeeMFAB2017.pdf
http://eprints.utm.my/id/eprint/79002/
http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:107048
_version_ 1643658070136455168
score 13.211869

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