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For the third consecutive year (see our previous updates here and here), we analyse publicly available institutional arbitration caseload statistics of various arbitral institutions around the world to understand the trend of Malaysian participation and usage of institutional arbitration. Our analysis of the numbers confirms a general preference by Malaysian parties for arbitrations conducted by … Read more
On Sunday, 20 June 2021, the Asian International Arbitration Centre (AIAC) launched its new International Arbitration Rules for public comment following extensive consultations with an international External Advisory Committee for the Revision of the AIAC Arbitration Rules (including Peter Godwin, Partner, HSF Kuala Lumpur). A copy of the draft rules can be found here. The … Read more
In Low Koh Hwa @ Low Kok Hwa (practising as sole Chartered Architect at Low & Associates) v Persatuan Kanak-Kanak Spastik Selangor & Wilayah Persekutuan and another case (Originating Summons Nos. BA-24C(ARB)-4-05/2020 and BA-24C-87-09/2020), the High Court allowed an application to set aside an award on the basis that (i) arbitrator apparent bias resulted in … Read more
For the first time in recent years, the Malaysian courts have clarified the limits of judicial intervention under Malaysian law once an arbitral award has been issued. The Malaysian High Court held that the powers of Malaysian courts in respect of arbitral awards are limited to their recognition and enforcement under Section 38 of the … Read more
Disruption, downturn and recovery tend to generate more disputes – and in Asia Pacific cross-jurisdiction operations and investments increase that risk. Our 2021 Guide to Dispute Resolution in Asia Pacific is your roadmap to potential problems in these fast-changing times, especially for those new to the region’s complex legal landscape. From the basics of each … Read more
Last year, we examined the caseload statistics of various arbitral institutions with the aim of providing an empirical perspective on the participation of Malaysian parties in institutional arbitration over recent years. This was done by reference to published caseload statistics of various arbitral institutions across the globe starting from a mean year of 2015 and … Read more
On 16 November 2020, Minister in the Prime Minister’s Department announced that former Malaysian federal court judge, Tan Sri Suriyadi Halim Omar, has been appointed Director of the Kuala Lumpur-based Asian International Arbitration Centre (AIAC) effective 1 December 2020. The third former judge to take this office and the first in 13 years, Suriyadi will … Read more
This year marks the tenth edition of the Herbert Smith Freehills – SMU Asian Arbitration Lecture Series. We are delighted that Ms Loretta Malintoppi from 39 Essex Chambers will deliver the lecture on Thursday 22 October, on the topic “Don’t Shoot the Sheriff: The Threat of Legal Claims Against Arbitrators and Arbitral Institutions”. The Herbert Smith Freehills-SMU Asian Arbitration … Read more
In a recently surfaced judgment, the Malaysian High Court in Government of Malaysia v Nurhima Kiram Fornan & Ors (Originating Summons No. BKI-24NCvC-190/12-2019 (HC2)) for the first time granted an anti-arbitration injunction to restrain foreign arbitration proceedings on the basis of sovereign immunity. Read more
