30 May 2018
The Malaysian Arbitration (Amendment) Act 2018 (“Amendment Act”) came into force on 8 May 2018. The Amendment Act amends the Malaysian Arbitration Act 2005 to enhance Malaysia’s profile as a safe seat and arbitration-friendly jurisdiction. The amendments are based on the 2006 amendments to the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration.
The amendments include the broadening of the requirement that an arbitration agreement be in writing to include content recorded in any form, the widening of the scope of interim measures and the provision that Malaysian law will no longer be the default law applicable for domestic arbitrations where the seat of arbitration is in Malaysia.