Written by Syazrinie Jalil Introduction The Arbitration (Amendment) Bill 2024, passed by both the Dewan Rakyat and Dewan negara respectively, is a watershed moment in Malaysia’s legal landscape. This amendment introduces several key changes to…
One significant advantage of arbitration is the absence of a general right to appeal the tribunal’s decision. This typically results in faster enforcement of arbitral awards compared to court judgments, which can undergo multiple appeals. In exceptional circumstances, a party may seek to have an arbitral award set aside by the courts at the seat of arbitration. However, courts have consistently held that such relief is only granted in rare instances, such as where there has been a significant breach of natural justice or procedural improprieties. Generally, arbitral awards are upheld.
In recent years, the Asian International Arbitration Centre (AIAC) has experienced a notable increase in its caseload. For instance, in 2023, AIAC handled a total of 873 matters, both registered and pre-registered, compared to 810 matters in 2022. This upward trend highlights the growing reliance on arbitration for dispute resolution.
Alternative dispute resolution (ADR) has been around for many years and as the name suggests has often been used as an alternative to traditional litigation.