MALAYSIA 3
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIV (2009)
Jurisdiction
Malaysia
Original full text
Full text decision MALAYSIA 3
Excerpt
Excerpt decision MALAYSIA 3
Summary
Malaysia 3. Court of Appeal, Putrajaya, 26 February 2009
Related topics
101
Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
403
Original or copy arbitration agreement
The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.
507
Miscellaneous cases regarding the arbitration agreement
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.