Malaysian Federal Court provides guidance on identifying place of arbitration in Malaysia for the purpose of determining the supervisory court of the arbitration

In Masenang Sdn Bhd v Sabanilam Enterprise Sdn Bhd (Civil Federal Court Civil Appeal No.: 02(i)-20-03/2020(S)), the Federal Court held that the courts of first instance of the place specified as the seat of arbitration in Malaysia has exclusive supervisory jurisdiction over arbitrations seated in that place, including any award arising from such proceedings. In this respect, a court of a state in Malaysia which is not the court of the place specified as seat of arbitration will have no supervisory jurisdiction over that arbitration or its award. As a result, parties seeking to have their arbitrations seated in Malaysia will need to identify specifically a local state or city in Malaysia as the seat of arbitration.

Continue reading

AIAC-Herbert Smith Freehills webinar: A computer-side chit-chat with Peter Godwin on 30 March

Join us for an upcoming webinar, presented by Herbert Smith Freehills and the Asian International Arbitration Centre, titled A Computer-Side Chit-Chat with Peter Godwin on Monday 30 March.

Peter – Asia Head of Dispute Resolution and managing partner of the firm’s Kuala Lumpur office – will share his thoughts on arbitration in Asia today, the impact of the COVID-19 outbreak on the international arbitration industry, and share insights from his 20 years of experience in arbitration during an interview with the AIAC’s International Case Counsel, Irene Mira.

 Date: 30 March 2020

Time: 11am Kuala Lumpur time (GMT +8)

Registration: This webinar will be delivered via the AIAC’s Zoom Live Webinar platform. Please register at events@aiac.world and webinar details will be provided to you.

Peter Godwin
Peter Godwin
Asia Head of Dispute Resolution and Managing Partner of Kuala Lumpur office
+60 3-2777 5104

 

 

New KLRCA Rules 2017 – a step towards more efficient arbitrations in South East Asia

On 1 June 2017, the Kuala Lumpur Regional Centre for Arbitration (the "KLRCA") published its updated arbitration rules (the "KLRCA Rules 2017"). The KLRCA has seen a steep increase in cases over recent years reflecting Malaysia's growing importance as a regional dispute resolution hub. From 1978 to 2010, the KLRCA recorded only 22 cases but by 2016 this had risen to 618. The amount in dispute for international cases alone totalled over USD 295 million, the majority of which related to disputes from the construction and related sectors.

The KLRCA Rules 2017 apply, unless otherwise agreed by the parties, to all KLRCA arbitrations commenced after 1 June 2017. The KLRCA Rules 2017 replace the previous version of the rules which were last revised in 2013.

The changes implemented in the KLRCA Rules 2017 are designed to optimize the costs and efficiency of KLRCA proceedings and to improve the quality of arbitral awards. The changes are also designed to reflect international best practice in the case of multi-party disputes and introduce or bolster provisions for joinder of third parties and consolidation of proceedings. A summary of the key changes is set out below.

Continue reading