General
An independent person or body
ARBITRATOR
Grounds to challenge an Arbitrator
Rule 4
An arbitration agreement must be in writing
Section 9
This right cannot be excluded
Right to set aside award
When does an Arbitration commence
Respondent receives a written request for arbitration
An agreement by the parties to submit to arbitration all or certain disputes which have arisen
Arbitration Agreement
Appointment of Arbitrator
Rule 3
Parties are free to determine the number of arbitrators.
Section 12 (1)
Section 42(1) AA 2005 governs?
Referring a question of law to the High Court
Under Section 21(2) AA 2005 the arbitral tribunal can
Conduct the proceedings in a manner it considers appropriate
Procedure in which a dispute is submitted, by agreement of the parties
Arbitration
Arbitration is said to commence when a notice of arbitration is filed
Rule 2
Before/during arbitral proceedings, a party may apply to a High Court for any interim measure
Section 11
Onus of proof lies on
The person making the claim
Parties are free to agree on the procedure to be followed
Section 21(1)
6 years for tortious claims
Limitation Period
Costs are governed under rule-
Rule 18
Parties are free to agree on the procedure to be followed by the arbitral tribunal
Section 21 (1)
The High Court can set aside an arbitral award under
Section 37 (1) (a) or (b)
Duty to choose governing law or jurisdiction is on the
Parties
Any arbitration which is not an international arbitration.
Domestic Arbitration
A decision of the Arbitral Tribunal
Definition of Award
Disputes that may not be arbitrable
Section 4 (2)
Which case did the High Court held that the arbitrator's award under the Arbitration Act was largely immune from any interference by the court
Kelana Erat v Niche Properties Sdn Bhd
Who chooses an Arbitrator
Both parties