Asia Arbitration Guide
MALAYSIA
10.1 Which law(s) apply to arbitration in Malaysia?
There are, at the moment, two Acts prevailing in Malaysia, namely the Arbitration Act 1952 (1952 Act) which is based on the English Arbitration Act of 1889 and the 2005 Arbitration Act (2005 Act) which is largely based on the Model Law and the New Zealand Arbitration Act of 1969, which came into force on the 15th of March 2006. The 1952 Act applies to arbitrations commenced prior to the 15th of March 2006. The 2005 Act applies to arbitrations commenced after the 15th of March 2006. The 1952 Act was amended on the 1st of February 1980, to incorporate a new Section 34, whereby the jurisdiction of the Malaysian Courts was excluded in respect of arbitrations held under the Convention of the Settlement Disputes between States of Nationals and other States 1965 (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL) and the Rules of Arbitration for the Kuala Lumpur Regional Centre for Arbitration (KLRCA Rules).