Rajah & Tann Asia has contributed the Malaysia chapter to the Global Arbitration Review ("GAR") series on Construction Arbitration. Launched in 2006, GAR is the leading resource on international arbitration news and community intelligence.
Authored by Avinash Pradhan (Deputy Head, International Arbitration, Rajah & Tann Singapore; Partner, Christopher & Lee Ong), the Malaysia chapter covers 57 questions across 34 topics. Among others, these topics include:
- Contract formation – What are the requirements for a construction contract to be formed?
- Choice of laws, seat, arbitrator and language – Are there limitations on these choices?
- Courts and arbitral tribunals – If a contractor wishes to arbitrate pursuant to an arbitration agreement, what parallel proceedings might the employer bring?
- Subcontractors – May an employer hold its contractor to their arbitration agreement if their dispute concerns a subcontractor?
- Suspension – What rights does the employer have to suspend paying the contractor?
- Termination – What termination rights exist, and are there limitations on such rights?
The full chapter may be accessed here or compared with 20 other jurisdictions here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.