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MALAYSIA G11
Federal Court of Malaysia, 13 August 2025, Civil Appeal No. 02(i)-19-06/2024(W)
(ING Bank N.V. and O.W. Bunker Far East (Singapore) Pte Ltd v. Tumpuan Megah Development Sdn Bhd)
MALAYSIA G11
Reversing the decision of the court of appeal in Malaysia 10, the Federal Court held that an award creditor who has obtained a court judgment confirming the award in its favour in the country of rendition may rely on either the Malaysian Arbitration Act (applying to the award) or the Reciprocal Enforcement of Judgments Act 1958 (applying to the confirmation decision) for enforcement. The fact that Article VII of the New York Convention is not incorporated in the UNCITRAL Model Law, on which the Malaysian Arbitration Act is based, does not mean that all other (national) laws have been ousted upon the enactment of the Act, as this would frustrate the underlying purpose of both the Convention and the Model Law – making the enforcement of award as straightforward and as expeditious as possible.
More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.