The Malaysian Arbitration Act 2005 (amended 2011) PDF Download
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Author: Sundra Rajoo
Publisher:
ISBN: 9789674001421
Category :
Languages : en
Pages : 299
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Book Description
Author: Sundra Rajoo
Publisher:
ISBN: 9789674001421
Category :
Languages : en
Pages : 299
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Book Description
Author: Thayananthan Baskaran
Publisher: Kluwer Law International B.V.
ISBN: 9041186735
Category : Law
Languages : en
Pages : 620
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Book Description
Arbitration in Malaysia A Commentary on the Malaysian Arbitration Act Thayananthan Baskaran Kuala Lumpur is developing into a regional hub for arbitration. The International Centre for Settlement of Investment Disputes has selected Kuala Lumpur as an alternative venue and the Permanent Court of Arbitration has opened offices there. This section-by-section commentary provides a sequential, in-depth analysis of the Malaysian Arbitration Act 2005, explaining each section’s purpose, legal source, application and effect. The text and commentary offer comprehensive details on issues arising in the course of an arbitration in Malaysia, including the following: arbitrability of the subject matter of the dispute; form of an arbitration agreement; recourse available to parties from the Courts; appointment, removal and substitution of arbitrators; jurisdiction of the arbitral tribunal; interim measures; procedure for the conduct of an arbitration; formal requirements for a binding arbitral award; grounds for setting aside an arbitral award; means for enforcing an award; and grounds on which enforcement may be declined. The commentary is primarily based on the interpretation of the Act by the Courts. The commentary includes the history of each section of the Act and the source texts in the underlying United Nations Commission on International Trade Law Model Law and statutes in other Model Law jurisdictions. This definitive guide will prove to be of immeasurable value in approaching any arbitration with a seat in Malaysia. In addition to such practical use, it will be relevant for arbitrators, in-house counsel, law firms, companies doing transnational business, interested academics and international arbitration centers. Quote/ reviews: "This book is outstanding, and I would recommend it to all in the arbitration community." Dr Cyril Chern, Barrister, Chartered Architect, Chartered Arbitrator - 4 New Square Chambers Source: Dispute Board Federation | Issue: 2 Spring 2020 "Given Malaysia’s status as a Model Law jurisdiction, the commentary is a very useful contribution to cross jurisdictional and comparative study of the application of the Model Law in practice. The same comment applies to its treatment of the recognition and enforcement of awards under the New York Convention....This book is both a valuable addition to the existing corpus of leading works on arbitration law and practice in Malaysia and an essential reference tool for arbitrators and practitioners alike." Robert Morgan, Barrister & Consulting/Technical Editor - Asian Dispute Review Source: Asian Dispute Review | April 2020 Issue
Author: Sundra Rajoo
Publisher:
ISBN: 9789672187592
Category :
Languages : en
Pages :
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Book Description
Author: Sundra Rajoo
Publisher:
ISBN: 9789674006099
Category : Arbitration agreements, Commercial
Languages : en
Pages : 1130
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Book Description
"New developments bought about by the Arbitration Act 2005 (amended 2011) [are examined]. Each topic draws on current and updated examples of case law, soft law and practical experience from Malaysian and other jurisdictions applying the UNCITRAL model law."--
Author: Gary F. Bell
Publisher: Cambridge University Press
ISBN: 1107183979
Category : Language Arts & Disciplines
Languages : en
Pages : 461
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Book Description
Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Author: Sundra Rajoo
Publisher:
ISBN: 9789832631811
Category : Arbitration and award
Languages : en
Pages : 293
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Book Description
Author: Loukas A. Mistelis
Publisher: Kluwer Law International B.V.
ISBN: 9041127305
Category : Law
Languages : en
Pages : 410
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Book Description
It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and arbitrability and is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.
Author: Grace Xavier
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 512
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Book Description
Author: James H Carter
Publisher: Law Business Research Ltd.
ISBN: 1912377713
Category :
Languages : en
Pages : 592
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Book Description
The International Arbitration Review, edited by James H Carter of Wilmer Cutler Pickering Hale and Dorr, provides an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments and putting them in the context of the jurisdiction's legal arbitration structure and selecting the most important matters for comment. In this book, leading practitioners seek to provide current information on both general international commercial arbitration and international investment arbitration, treating important investor-state dispute developments in each jurisdiction as a separate but closely related topic. There are in-depth examinations of arbitration in 41 jurisdictions as well as editorial chapters on The Impact of Corporate Taxation on Economic Losses, and overviews on ASEAN and Africa. Contributors include: Bart Legum, Michelle Bradfield and Jean-Christophe Honlet, Dentons; James Nicholson, FTI Consulting."e;This new and timely publication promises to tackle pressing and present day global concerns and to make valuable contributions to the ongoing dialogue on international arbitration"e; - Peter Tomka, President, International Court of Justice, The Hague"e;Comprehensive and topical, an excellent reference."e; - Professor Christine Mallin, University of Birmingham Business School"e;The most discursive and engaging survey of the world of arbitration today."e; - Jamie Maples, Weil Gotshal & Manges LLP
Author: Gary B. Born
Publisher: Kluwer Law International B.V.
ISBN: 9041154159
Category : Law
Languages : en
Pages : 5391
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Book Description
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
