The Malaysian Federal Court has held that the Asian International Arbitration Centre (“AIAC”) is immune from judicial review of acts and decisions made by AIAC in its capacity as the domestic and statutory adjudication authority under the Construction Industry Payment & Adjudication Act 2012 (CIPAA).
On 28 March 2025, the Malaysian Court of Appeal unanimously upheld the decision of the Kuala Lumpur High Court to recognise and enforce a foreign arbitral award under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID).
Where the Court has granted recognition of foreign insolvency proceedings against a company, an automatic stay and suspension of actions or proceedings against that company will arise. However, may a third party pursue an arbitration against the company?
The High Court at Kuala Lumpur, in the first-ever decision of its kind, recognised a foreign award made by an arbitral tribunal under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).
The Asian International Arbitration Centre (“AIAC”) regularly revises its arbitration rules to keep up-to-date with modern arbitration practice.
Most jurisdictions worldwide uphold the concept of open justice, with court proceedings generally being conducted in public by default. Conversely, arbitral proceedings and associated documents are generally subject to the principle of confidentiality …
Court proceedings are subject to the principle of open justice. This principle allows the public to not only observe hearings and trials in court, but also to access court filings and obtain information such as the identities of parties.
Our firm has contributed a chapter titled “The rise of arbitration in the Asia-Pacific region” to The Asia-Pacific Arbitration Review 2024, published by the Global Arbitration Review (GAR), a leading resource on international arbitration news.
When drafting arbitration clauses, the selection of the seat is a crucial aspect. It establishes the applicable lex arbitri, as well as the court which would have supervisory jurisdiction over an arbitration.
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