Category: ALTERNATIVE DISPUTE RESOLUTION

There is no right to appeal an arbitral award per se, but an arbitral award may be set aside under by making an application to the court. The application to set aside an award must be made within three months…

The Singapore Mediation Convention – When does it not apply? As discussed in our previous article, The Singapore Mediation Convention applies to international settlement agreements resulting from mediation and concluded in writing by parties to resolve a commercial dispute. In…

What is the Singapore Mediation Convention – When does it apply? On 7 August 2019, the Singapore Mediation Convention was signed by 46 States at an official signing ceremony in Singapore. This marks the dawn of a new enforcement framework…

What is the New York Convention? Introduction The Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”) is the key instrument which provides the common legislative standards for the recognition of arbitration agreements and…

Key legislation applicable to arbitration in Malaysia The Arbitration Act 2005, as amended by the Arbitration (Amendment) Act 2011 (AA) governs arbitration proceedings in Malaysia. The Act draws a clear distinction between domestic and international arbitration, whereas: Parts I, II…

Arbitration, is a non-court alternative method of dispute resolution, where an arbitrator or panel of arbitrators (“arbitral tribunal”) is appointed by the parties to make a binding decision, from which there are very limited grounds of challenge. Unlike court proceedings,…

An expanded scope for judicial challenges against arbitral awards In Far East Holdings Bhd & Ors v Majlis Ugama Islam dan Adat Resam Melayu Pahang (2017), the Federal Court made important some changes to Malaysian arbitration law: An expanded scope…