Arbitration in Malaysia
A Commentary on the Malaysian Arbitration Act
By: Thayananthan Baskaran
About This Book
Arbitration in Malaysia' is a commentary on the Malaysian Arbitration Act 2005. The commentary follows the Act section by section. In sequential order, it provides the text of a section of the Act, followed by an explanation of the purpose of the section. The commentary then traces the origin of each section of the Act to the Model Law or the statute it is based on, as well as the history of the Model Law or statute. This is followed by an explanation of provisions of each section in terms of their application and effect.00The commentary is primarily based on the interpretation of the Arbitration Act 2005 by the courts of Malaysia in the decade since it has been in force. Where a particular provision of the Act has yet to be interpreted by the courts, reliance is placed on reports of UNCITRAL, commentaries on the Model Law and statutes in other Model Law jurisdictions and the rules of statutory interpretation.00Kuala Lumpur is developing into a regional hub for arbitration. The International Centre for Settlement of Investment Disputes has selected Kuala Lumpur as an alternative venue and the Permanent Court of Arbitration has opened offices there.
AI Overview
"Arbitration in Malaysia: A Commentary on the Malaysian Arbitration Act" by Thayananthan Baskaran is a comprehensive legal text that provides in-depth analysis and commentary on the Malaysian Arbitration Act 2005. Here is a detailed overview of the book:
Key Themes
- International Arbitration Hub: The book highlights Kuala Lumpur's development as a regional hub for international arbitration, emphasizing its growing importance in the field.
- Section-by-Section Commentary: The book offers a sequential, in-depth analysis of each section of the Malaysian Arbitration Act 2005, explaining the purpose and implications of each provision.
- Practical Insights: It provides practical insights for practitioners, including lawyers, arbitrators, and parties involved in arbitration proceedings in Malaysia.
Plot Summary
The book does not have a narrative plot but rather serves as a reference guide for understanding the Malaysian Arbitration Act 2005. It covers various aspects of arbitration law, including jurisdiction, procedure, enforcement, and dispute resolution mechanisms. The commentary is designed to be a primary source of reference for international arbitrations seated in Kuala Lumpur.
Critical Reception
- Book Review: The book has received positive reviews from legal professionals. A review in "Arbitration: The International Journal of Arbitration, Mediation and Dispute Management" praises the book for its comprehensive coverage and practical insights, noting that it is a valuable resource for anyone involved in arbitration in Malaysia.
- Professional Endorsement: The book is published by Wolters Kluwer, a reputable legal publisher, which further underscores its credibility and utility in the legal community.
Additional Information
Thayananthan Baskaran, the author, is a legal expert with extensive experience in arbitration. His work includes various high-profile cases involving international arbitration, which adds to the credibility of the book's commentary.
In summary, "Arbitration in Malaysia" by Thayananthan Baskaran is a definitive guide to the Malaysian Arbitration Act 2005, offering detailed commentary and practical insights that make it an essential resource for legal professionals and parties involved in arbitration proceedings in Malaysia.