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/ http://irep.iium.edu.my/36863/ http://irep.iium.edu.my/36863/1/Limiting_Court_Intervention_in_Arbitral_Proceedings.pdf http://irep.iium.edu.my/36863/4/The_Arbitration.pdf

id	iium-36863
recordtype	eprints
spelling	iium-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 PeerReviewed 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/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
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/ http://irep.iium.edu.my/36863/ http://irep.iium.edu.my/36863/1/Limiting_Court_Intervention_in_Arbitral_Proceedings.pdf http://irep.iium.edu.my/36863/4/The_Arbitration.pdf
first_indexed	2023-09-18T20:52:52Z
last_indexed	2023-09-18T20:52:52Z
_version_	1777410110695407616

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

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