Issue 10 (11/8) The principle of kompetenz-kompetenz, is the core jurisprudential rule in arbitration. The arbitral tribunal can decide its own jurisdiction as the first judge of his / her own constituted tribunal’s jurisdiction. However, the courts in some jurisdictions are issuing anti-arbitration injunctions which potentially lead to the derailing of the arbitral proceedings. My…
Issue 9 (6/21) The independence from courts in arbitration proceedings is the salient factor for parties to opt for arbitration. Minimum judicial intervention and maximum judicial support has been the longstanding rule in almost all known safe seat for arbitrations. In the Malayan Law Journal publication entitled “The Extent of Court Intervention in…
Issue 8 (3/21) The common wisdom is that arbitration is the preferred mode of resolution in international business disputes. The development of international trade and domestic economic activity globally, has led to a significant increase in the number of the cases resolved by way of arbitration. In the Malayan Law Journal publication entitled “The Relevance…
Over the past decade, some states have become sceptical of investor-state dispute settlement (‘ISDS’) mechanisms. One of the recurring themes in the current debate around investor-state dispute settlement clauses is that they are tools of crafty multinationals or big capitalist investors, looking to dictate policy to governments or impede their sovereign regulatory power. There are…
Over the last decade and half, Malaysia has been positioning itself as a safe seat for arbitration. Until 2018 there was a consistent and continued effort to fuse the legislative framework with the best international practices. While the journey starts much earlier, real progress was made when back in 2002, I was honored to be…
Last week, I shared a post about the development of arbitration legislation in Malaysia from its infancy to the current Act. Today, I would be writing about the major amendment made in 2018 to the Act, the cause and ramifications. One of the key amendments brought about by 2018 Amendments to the Arbitration Act 2005…
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