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Thayananthan Baskaran. Arbitration in Malaysia: A Commentary on the Malaysian Arbitration Act. Kluwer Law International. 2019. Google. Sundra Rajoo and W S W Davidson. The Arbitration Act 2005: UNCITRAL Model Law as Applied in Malaysia. Sweet & Maxwell Asia. 2007. Reviewed at (2008) 10 Asian Dispute Review 32 and (2007) 15 IIUM Law Journal 149
The primary advantage of arbitration over court litigation is enforceability: an arbitration award is enforceable in most countries in the world. Other advantages of arbitration include the ability to select a neutral forum to resolve disputes, that arbitration awards are final and not ordinarily subject to appeal, the ability to choose ...
350 In force Cinematograph Film-Hire Duty Act 1965: 434 Repealed by Act 557 City of Kuala Lumpur Act 1971: 59 In force City of Kuala Lumpur (Planning) Act 1973: 107 Repealed by Act 267 Civil Aviation Act 1969: 3 In force Civil Aviation Authority of Malaysia Act 2017: 788 In force Civil Defence Act 1951: 221 In force Civil Law Act 1956: 67 In force
International arbitration is an alternative to local court procedures. International arbitration has different rules than domestic arbitration, [6] and has its own non-country-specific standards of ethical conduct. [7] The process may be more limited than typical litigation and forms a hybrid between the common law and civil law legal systems. [8]
Methods of dispute resolution include: lawsuits (litigation) (legislative) [5]; arbitration; collaborative law; mediation; conciliation; negotiation; facilitation; avoidance; One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.
The Sulu heirs started an ad hoc arbitration process regarding the 1878 agreement in Spain on 30 July 2019. Malaysia did not consent to the arbitration process, insisting that the proper venue to resolve the dispute was the Courts of Malaysia, Malaysia being the successor to the British Colonial administration in the relevant territory. [7]
The UNCITRAL Model Law on International Commercial Arbitration [1] is a model law prepared and adopted by the United Nations Commission on International Trade Law on 21 June 1985. In 2006, it was amended and now includes more detailed provisions on interim measures.
An arbitration award (or arbitral award) is a final determination on the jurisdiction, merits, costs or other aspect of a dispute by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. [1]