Malaysia: Arbitration & Dispute Resolution

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Arbitration Updates: Malaysia's 2026 Arbitration Reform

Malaysia's arbitration framework has undergone significant reform with effect from 1 January 2026, when the Arbitration (Amendment) Act 2024 (the "2024 Act") entered into force and introduced substantial changes...

Malaysia Litigation

Aceris Law

Malaysia Embraces Third Party Funding In Arbitration: A New Era Begins

Malaysia has taken a major step forward in modernising its arbitration landscape with the entry into force of the Arbitration (Amendment) Act 2024 (Act) and the Code of Practice...

Malaysia Litigation

OB

Omni Bridgeway

AIAC Arbitration Rules 2026: A Guide For Foreign Companies

The new AIAC Arbitration Rules 2026 will enter into force on 1 January 2026 and new arbitrations administered by the Asian International Arbitration Centre (AIAC) will then proceed under the new rules.

Malaysia Litigation

Aqran Vijandran Advocates & Solicitors

Gig Workers Bill 2025

On 9 September 2025, the Malaysia Senate passed the Gig Workers Bill 2025 (Bill), marking a pivotal moment in the regulation of gig workers and businesses in Malaysia.

Malaysia Employment

KL

Herbert Smith Freehills Kramer LLP

A Legal Analysis Of Arbitrator's Duty To Issue Written Awards: Telekom Malaysia Bhd v Obnet Sdn Bhd [2024] 6 MLJ 293

Malaysia Litigation

Aqran Vijandran Advocates & Solicitors

Enforceability Of Foreign Court Judgements In Malaysia

Malaysia Litigation

AA

Azmi & Associates

Conflict Of Laws In Maritime Disputes And Arbitration

Malaysia Litigation

AA

Azmi & Associates

English Commercial Court Upholds Comity In Refusing Anti-Anti-Arbitration Injunction Against Malaysian Proceedings

Malaysia Litigation

NR

Norton Rose Fulbright Hong Kong

Selecting An Arbitration Seat: The Art Of Being Specific

Malaysia Litigation

AA

Azmi & Associates

CIPAA Adjudication – To What End?

Malaysia Litigation

Chooi & Company

Setting Aside Adjudication Decisions Under CIPAA: Growing Judicial Trends

Worldwide Real Estate

Juen, Jeat, Nic & Nair

[INTERNATIONAL ARBITRATION] Special Alert: Balancing Desire And Danger: Regulating Third-Party Funding In A Global Context

Worldwide Litigation

LH

Lee Hishammuddin Allen & Gledhill

Common Contractual Clauses In A Chinese Sales Contract

Malaysia International

VikneshYap

[Dispute Resolution] Special Alert: Court Of Appeal Clarifies Jurisdiction Of Housing Tribunal And Limitation Period Under Section 16n(2) Of The HDA

Malaysia Litigation

LH

Lee Hishammuddin Allen & Gledhill

Malaysia 2026: A Practical Guide To Legal Risk Management In Malaysia For Cross-Border Businesses

Malaysia Commercial

Aqran Vijandran Advocates & Solicitors

Malaysia’s Landmark Gig Workers Act Coming Into Effect

Malaysia Employment

IL

Ius Laboris

Malaysia Updates Procedures For Employment Pass (EP) And Professional Visit Pass (PVP) Holders

Malaysia Immigration

CH

Clark Hill

Updated Submittal Process For Malaysia EP Applications

Malaysia Immigration

CH

Clark Hill

Malaysia's Proposed Social Media Ban For Children: How It Compares With Australia And Singapore

Malaysia Privacy

MB

Mayer Brown

Strategic Considerations In Arbitration

When a dispute arises, the first avenue parties resort to resolving a dispute is through the Courts however there are the Alternative Dispute Resolution mechanisms which includes solving a dispute...

Malaysia Litigation

AA

Azmi & Associates

"Mediation, New Legal Realism And The Multilateral Rules Based Order" Paper Discussed At The Inaugural Asia Pacific Centre Of Arbitration And Mediation (APCAM) Summit Held In New Delhi, India From 6-7 May 2023 (Video)

I spoke at the APCAM SUMMIT 2023 (held in New Delhi, India from 6-7 May 2023) as a member of the Malaysian Bar Council and Malaysia International Mediation Centre delegation.

Malaysia Litigation

Poon & Wong

Malaysian Construction Law And Practice A Brief Overview

Generally, the Malaysian construction market is governed by laws of contract and tort. The laws are further developed through statutes and judicial decisions.

Malaysia Real Estate

LH

Lee Hishammuddin Allen & Gledhill

[INTERNATIONAL ARBITRATION] Amicable Settlement Process – A Condition Precedent To Arbitration?

In a multi-tiered dispute resolution clause, there are typically certain procedural steps, such as mediation or negotiation, that parties must fulfill before a dispute can be referred to arbitration.

Malaysia Litigation

LH

Lee Hishammuddin Allen & Gledhill

Maritime Arbitration

Malaysia Litigation

AA

Azmi & Associates

Launch Of AIAC Arbitration Rules 2023

Malaysia Litigation

HS

Herbert Smith Freehills Kramer LLP

Overview Of The Arbitration Process In Malaysia

Malaysia Litigation

KW

Kevin Wu & Associates

Governing Law And Dispute Resolution Considerations In Malaysia

Malaysia Litigation

AA

Azmi & Associates

Keeping Hush — When Oversharing Leads To Losing Confidentiality

Malaysia Litigation

SD

Shearn Delamore & Co.

Res Judicata And Declarations Relating To CIPAA Adjudication

Malaysia Litigation

GP

Gan Partnership

Malaysian Court Finds That Non-payment Of Arbitration Fees Alone Will Not Render Arbitration Agreement Inoperable

Malaysia Litigation

HS

Herbert Smith Freehills Kramer LLP

Case Update: Challenging An Adjudication Decision: Unveiling The Quest For A Stay

Malaysia Real Estate

ZR

Zul Rafique & Partners

The Overlapping Powers Of The Courts And Arbitral Tribunal To Grant Interim Relief

Malaysia Litigation

SD

Shearn Delamore & Co.

2021/2022 Institutional Caseload Statistics: The AIAC And SIAC Remain The Preferred Arbitration Institutions By Malaysian Parties

Malaysia Litigation

HS

Herbert Smith Freehills Kramer LLP

Malaysian Court Finds That Non-payment Of Arbitration Fees Alone Will Not Render Arbitration Agreement Inoperable

Refusing to pay arbitration deposits is a common strategy employed by parties to delay or make proceedings difficult for the counterparty.

Malaysia Litigation

HS

Herbert Smith Freehills Kramer LLP

Case Update: Challenging An Adjudication Decision: Unveiling The Quest For A Stay

Facts ASM Development (KL) Sdn Bhd (the 'Appellant') had engaged Econpile (M) Sdn Bhd (the 'Respondent'), for a construction project. Works were supposed to be completed by January 2018...

Malaysia Real Estate

ZR

Zul Rafique & Partners

The Overlapping Powers Of The Courts And Arbitral Tribunal To Grant Interim Relief

Under section 11(1) of the Arbitration Act 2005 ("AA 2005"), the Malaysian courts are conferred with the power and jurisdiction to grant interim relief before or even during arbitral proceedings.

Malaysia Litigation

SD

Shearn Delamore & Co.

2021/2022 Institutional Caseload Statistics: The AIAC And SIAC Remain The Preferred Arbitration Institutions By Malaysian Parties

Following on from our previous updates in 2019, 2020, and 2021, we analyse the publicly available caseload statistics for the usage of various arbitral institutions by Malaysian parties...

Malaysia Litigation

HS

Herbert Smith Freehills Kramer LLP

[INTERNATIONAL ARBITRATION] Does My Claim Fall Inside Or Outside Of The Contract?

Malaysia Litigation

LH

Lee Hishammuddin Allen & Gledhill

Stay-ing Within The Limits Of The Arbitration Clock!

Time, for purposes of the Limitation Act 1953, stops to run upon commencement of a suit or other proceedings in a Court of law. However, what happens if the time bar sets in before the commencement...

Malaysia Litigation

SD

Shearn Delamore & Co.

Non-Payment Of Arbitrator's Fees – Is The Arbitration Agreement Still Operative?

The cost of an arbitration, which includes the fees of an arbitrator, is usually negotiated and agreed upon between parties and the arbitral tribunal before or at the start of the proceedings.

Malaysia Litigation

LH

Lee Hishammuddin Allen & Gledhill

Beyond Statutory Enforcement: Malaysia's Apex Court Dismisses A Common Law Action For Enforcement Of Foreign Judgment Due To Failure To Adduce The Foreign Judgment

There is a simple, but fundamental, difference between a statutory enforcement under Reciprocal Enforcement of Judgments Act 1958 ("REJA") and a common law action.

Malaysia Litigation

HS

Herbert Smith Freehills Kramer LLP

The Asian International Arbitration Centre Gets A New Director

After more than 3.5 months without a Director, Datuk Professor Sundra Rajoo has been appointed as the Director of the Asian International Arbitration Centre ("AIAC").

Malaysia Litigation

HS

Herbert Smith Freehills Kramer LLP

"Mediation" As An Effective Framework For Debt Settlement In Malaysia

Malaysia Litigation

OA

One Asia Lawyers

Mediation — International Enforcement — A Viable Alternative To Arbitration?

Malaysia Litigation

SD

Shearn Delamore & Co.

6 Steps To Enforce A Strata Management Tribunal Award

Malaysia Litigation

MA

MahWengKwai & Associates

Malaysian Court Reconfirms That Tribunals Take Priority Over Courts When Granting Interim Relief

Malaysia Litigation

HS

Herbert Smith Freehills Kramer LLP

Court Rules On Whether Arbitration Award Can Be Partially Set Aside And Whether Objection To Arbitrators Appointment Was Afterthought

Malaysia Litigation

GP

Gan Partnership

Overview Of Adjudication Process In Malaysia

Malaysia Real Estate

KW

Kevin Wu & Associates

Arbitrability: The "Composite" Approach

Malaysia Litigation

SD

Shearn Delamore & Co.

Court Cases Contribute To Development Of Arbitration Law

Malaysia Litigation

GP

Gan Partnership

The Iconic Case To The Heirs Of The Sultan Of Sulu vs. Malaysia

Malaysia Litigation

Q

Queritius

Jurisdictional Focus: Recent Developments In Brunei Courts Underscores Judiciary Support For Arbitration

Worldwide Litigation

HS

Herbert Smith Freehills Kramer LLP

Case Update: Court's Jurisdiction Limited To Identifying Whether There Is Prima Facie Existence Of An Arbitration Agreement

Malaysia Litigation

ZR

Zul Rafique & Partners

Judicial Approach To Application And Construction Of Arbitration Act 2005 In Malaysia: Section 8

Malaysia Litigation

CA

Cecil Abraham & Partners

Judicial Approach To Application And Construction Of Arbitration Act 2005 In Malaysia: Section 37

Malaysia Litigation

CA

Cecil Abraham & Partners

Construction Arbitration In Malaysia – Rajah & Tann Contributes To GAR Know How

Malaysia Real Estate

RT

Rajah & Tann

Interest In Interest? Application Of Interest Not Regulated Under The Moneylenders Act 1951: Summerhay Development Sdn Bhd v Ivory Ascent Sdn Bhd [08(f)-415-09/2022]

Malaysia Consumer

SD

Shearn Delamore & Co.

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Highlighted Content

F&M - Dispute Resolution & ADR - Highlights 2025

India Litigation

Fox & Mandal

Second Agreement Concerning Amendment To CEPA Agreement On Trade In Services To Be Implemented On 1 March 2025

Hong Kong Commercial

HS

Haldanes

Arbitration – Arbitral Autonomy And Immunity – Arbitrator Compelled To Give Evidence

Hong Kong Litigation

SH

Stephenson Harwood

Arbitrability – Stay Of Proceedings In Favour Of Arbitration Falcon Insurance v Bing Lee [2023] HKCFI 1129

Hong Kong Litigation

SH

Stephenson Harwood

The Hong Kong Court Discharges Service Out Of The Jurisdiction Of A Tort Claim

Hong Kong Litigation

SH

Stephenson Harwood

Hong Kong Court Lifts Stay Of Proceedings For Spent Arbitration Agreement

Hong Kong Litigation

SH

Stephenson Harwood

Arbitration—Set Aside—Illegality—Common Mistake—Hong Kong Public Policy (AI v LG II LG III)

Hong Kong Litigation

SH

Stephenson Harwood

CASE ANALYSIS: Gunga v Sonangol [2022] EWHC 1372 (Comm)

Hong Kong Litigation

SH

Stephenson Harwood

CASE ANALYSIS: Gunga Shipping Co NV v Sonangol Shipping Angola (Luanda) Ltd

Hong Kong Litigation

SH

Stephenson Harwood

Hong Kong Court Stays Proceedings Even When They Are Not Covered By An Arbitration Agreement MAK V LA [2022] HKCFI 285

Hong Kong Litigation

SH

Stephenson Harwood

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JSA

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