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Arbitration Act 2005

ARBITRATION ACT 2005

AKTA TIMBANGTARA 2005

Act 646 · consolidated to 1 Nov 2018 · 48 pp

Socio-economic rights
This copy of the Act is 7 years old. Any amendment made since 1 November 2018 is not in this text. Check the AGC record for later amendments.
Why it matters

What this does to artists

Most arts contracts that contain a dispute clause point at AIAC arbitration. This Act decides whether that clause bites, whether a court must stay proceedings, and how an award is enforced or set aside.

Start here

What to read first

Section numbers read out of the AGC text itself

s.9Definition and form of arbitration agreement
s.10Arbitration agreement and substantive claim before court
s.19Power of arbitral tribunal to order interim measures
s.37Application for setting aside
s.19JCourt-ordered interim measures
In practice

Where this one bites

Scenario

Sign a management, label or agency deal

** `What you assign you do not get back. And the clause that looks like a life sentence is often weaker than i…

Scenario

Chase an unpaid fee or invoice

Being owed money is common, and it is fixable more often than people expect. Where you go to get it depends on…

Full arrangement of sections 58 sections · show / hide

Extracted from the AGC PDF on this page.

s.1Short title and commencement
s.2Interpretation
s.3Application to arbitrations and awards in Malaysia
s.3ARepresentation
s.4Arbitrability of subject matter
s.5Government to be bound
s.6Receipt of written communications
s.7Waiver of right to object
s.8Extent of court intervention
s.9Definition and form of arbitration agreement
s.10Arbitration agreement and substantive claim before court
s.11Arbitration agreement and interim measures by High Court
s.12Number of arbitrators
s.13Appointment of arbitrators
s.14Grounds for challenge
s.15Challenge procedure
s.16Failure or impossibility to act
s.17Appointment of substitute arbitrator
s.18Competence of arbitral tribunal to rule on its jurisdiction
s.19Power of arbitral tribunal to order interim measures
s.19AConditions for granting interim measures
s.19BApplication for preliminary orders and conditions for granting preliminary orders
s.19CSpecific regime for preliminary orders
s.19DModification, suspension or termination
s.19EProvision of security
s.19FDisclosure
s.19GCosts and damages
s.19JCourt-ordered interim measures
s.20Equal treatment of parties
s.21Determination of rules of procedure
s.22Seat of arbitration
s.23Commencement of arbitral proceedings
s.24Language
s.25Statements of claim and defence
s.26Hearings
s.27Default of a party
s.28Expert appointed by arbitral tribunal
s.29Court assistance in taking evidence
s.30Law applicable to substance of dispute
s.31Decision making by panel of arbitrators
s.32Settlement
s.33Form and contents of award
s.34Termination of proceedings
s.35Correction and interpretation of award or additional award
s.36An award is final and binding
s.37Application for setting aside
s.40Consolidation of proceedings and concurrent hearings
s.41Determination of preliminary point of law by court
s.41ADisclosure of information relating to arbitral proceedings and awards prohibited
s.41BProceedings to be heard otherwise than in open court 42–43. (Deleted)
s.44Costs and expenses of an arbitration
s.45Extension of time for commencing arbitration proceedings
s.46Extension of time for making award
s.47Liability of arbitrator
s.48Immunity of arbitral institutions
s.49Bankruptcy
s.50Mode of application
s.51Repeal and savings
Full text

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English text

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Teks Bahasa Malaysia

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Source of record · lom.agc.gov.my/act-detail.php?act=646&lang=BI

Who this reaches
Visual artsMusicFilm & TVPerforming artsLiterature, writing & publishingFashion & craftDigital & mediaMuseum & archivingContent creationEverything else
Important notice

This page is published by ALIM (Art × Law Initiative Malaysia) as general legal information for Malaysia’s creative communities. It is not legal advice. It does not take your circumstances into account, and reading it does not create a solicitor-client relationship with ALIM or with anyone associated with it.

The law changes. Each Act reproduced here is the Attorney General’s Chambers’ consolidated reprint and carries the date it was consolidated to; amendments made after that date do not appear in the text, and the authoritative version of any Malaysian law is the one published in the Federal Gazette. Subsidiary legislation, state enactments and local authority by-laws may also apply to your situation and are largely outside this library.

Please do not act, or decide not to act, on the strength of this page alone. Take advice from an advocate and solicitor on your own facts. To the extent permitted by law, ALIM and its contributors accept no liability for any loss arising from reliance on this page.

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