Law And Practice Of Arbitration In Malaysia

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Arbitration in Malaysia

Author : Thayananthan Baskaran
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186735
Total Pages : 620 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitration in Malaysia by : Thayananthan Baskaran

Download or read book Arbitration in Malaysia written by Thayananthan Baskaran and published by Kluwer Law International B.V.. This book was released on 2019-09-27 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in Malaysia A Commentary on the Malaysian Arbitration Act Thayananthan Baskaran Kuala 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. This section-by-section commentary provides a sequential, in-depth analysis of the Malaysian Arbitration Act 2005, explaining each section’s purpose, legal source, application and effect. The text and commentary offer comprehensive details on issues arising in the course of an arbitration in Malaysia, including the following: arbitrability of the subject matter of the dispute; form of an arbitration agreement; recourse available to parties from the Courts; appointment, removal and substitution of arbitrators; jurisdiction of the arbitral tribunal; interim measures; procedure for the conduct of an arbitration; formal requirements for a binding arbitral award; grounds for setting aside an arbitral award; means for enforcing an award; and grounds on which enforcement may be declined. The commentary is primarily based on the interpretation of the Act by the Courts. The commentary includes the history of each section of the Act and the source texts in the underlying United Nations Commission on International Trade Law Model Law and statutes in other Model Law jurisdictions. This definitive guide will prove to be of immeasurable value in approaching any arbitration with a seat in Malaysia. In addition to such practical use, it will be relevant for arbitrators, in-house counsel, law firms, companies doing transnational business, interested academics and international arbitration centers. Quote/ reviews: "This book is outstanding, and I would recommend it to all in the arbitration community." Dr Cyril Chern, Barrister, Chartered Architect, Chartered Arbitrator - 4 New Square Chambers Source: Dispute Board Federation | Issue: 2 Spring 2020 "Given Malaysia’s status as a Model Law jurisdiction, the commentary is a very useful contribution to cross jurisdictional and comparative study of the application of the Model Law in practice. The same comment applies to its treatment of the recognition and enforcement of awards under the New York Convention....This book is both a valuable addition to the existing corpus of leading works on arbitration law and practice in Malaysia and an essential reference tool for arbitrators and practitioners alike." Robert Morgan, Barrister & Consulting/Technical Editor - Asian Dispute Review Source: Asian Dispute Review | April 2020 Issue

Law and Practice of Arbitration in Malaysia

Author : Grace Xavier
Publisher :
ISBN 13 :
Total Pages : 512 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law and Practice of Arbitration in Malaysia by : Grace Xavier

Download or read book Law and Practice of Arbitration in Malaysia written by Grace Xavier and published by . This book was released on 2001 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law, Practice and Procedure of Arbitration

Author : Sundra Rajoo
Publisher :
ISBN 13 : 9789674006099
Total Pages : 1130 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Law, Practice and Procedure of Arbitration by : Sundra Rajoo

Download or read book Law, Practice and Procedure of Arbitration written by Sundra Rajoo and published by . This book was released on 2017 with total page 1130 pages. Available in PDF, EPUB and Kindle. Book excerpt: "New developments bought about by the Arbitration Act 2005 (amended 2011) [are examined]. Each topic draws on current and updated examples of case law, soft law and practical experience from Malaysian and other jurisdictions applying the UNCITRAL model law."--

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Author : Shahla Ali
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352863X
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by : Shahla Ali

Download or read book New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

The UNCITRAL Model Law and Asian Arbitration Laws

Author : Gary F. Bell
Publisher : Cambridge University Press
ISBN 13 : 1107183979
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The UNCITRAL Model Law and Asian Arbitration Laws by : Gary F. Bell

Download or read book The UNCITRAL Model Law and Asian Arbitration Laws written by Gary F. Bell and published by Cambridge University Press. This book was released on 2018-10-04 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.

Arbitration in Asia - 2nd Edition

Author : Michael J. Moser
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833203
Total Pages : 844 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Arbitration in Asia - 2nd Edition by : Michael J. Moser

Download or read book Arbitration in Asia - 2nd Edition written by Michael J. Moser and published by Juris Publishing, Inc.. This book was released on 2008-09-01 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.

International Arbitration: Law and Practice

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532548
Total Pages : 627 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration: Law and Practice by : Gary B. Born

Download or read book International Arbitration: Law and Practice written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2021-06-07 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).

The Principles and Practice of International Commercial Arbitration

Author : Margaret L. Moses
Publisher : Cambridge University Press
ISBN 13 : 1139469975
Total Pages : 91 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Principles and Practice of International Commercial Arbitration by : Margaret L. Moses

Download or read book The Principles and Practice of International Commercial Arbitration written by Margaret L. Moses and published by Cambridge University Press. This book was released on 2008-03-17 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

International Arbitration Discourse and Practices in Asia

Author : Vijay K. Bhatia
Publisher : Routledge
ISBN 13 : 1351860127
Total Pages : 297 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis International Arbitration Discourse and Practices in Asia by : Vijay K. Bhatia

Download or read book International Arbitration Discourse and Practices in Asia written by Vijay K. Bhatia and published by Routledge. This book was released on 2017-07-28 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: International business exchanges between and with Asian countries have increased enormously over the last few years. As a natural consequence, this has brought about an increasing number of trade disputes that are being resolved through arbitration as an effective alternative to more expensive litigation. This volume offers a variety of perspectives on this important international dispute resolution practice in Asia. Essentially interdisciplinary in approach, it brings together specialists in law, international commercial arbitration and discourse analysis. The contributing authors include practitioners as well as academics. Together they explore the interrelations between discourses and practices in the field of arbitration in Asia. The work also investigates the extent to which the ‘integrity’ of arbitration principles, typical of international commercial arbitration practice, is maintained in various Asian contexts. The authors focus particularly on arbitration norms and practices as they are influenced by local juridical, cultural and linguistic factors. The book will be a valuable resource for academics and practitioners working in the areas of arbitration and dispute resolution, as well as researchers with an interest in language, communication and discourse analysis.

Arbitration in Malaysia

Author : Arifin Zakaria
Publisher :
ISBN 13 : 9789672049005
Total Pages : 820 pages
Book Rating : 4.0/5 (49 download)

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Book Synopsis Arbitration in Malaysia by : Arifin Zakaria

Download or read book Arbitration in Malaysia written by Arifin Zakaria and published by . This book was released on 2016 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dispute Resolution in Asia

Author : Michael Charles Pryles
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124462
Total Pages : 518 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Dispute Resolution in Asia by : Michael Charles Pryles

Download or read book Dispute Resolution in Asia written by Michael Charles Pryles and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution. For more information on the editor, Professor Michael Pryles, please visit his website http://www.michaelpryles.com

Asia Arbitration Guide

Author : Andreas Respondek
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111067262
Total Pages : 314 pages
Book Rating : 4.1/5 (11 download)

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Book Synopsis Asia Arbitration Guide by : Andreas Respondek

Download or read book Asia Arbitration Guide written by Andreas Respondek and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-08-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Asian Leading Arbitrators' Guide to International Arbitration

Author : Michael Charles Pryles
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833114
Total Pages : 568 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Asian Leading Arbitrators' Guide to International Arbitration by : Michael Charles Pryles

Download or read book Asian Leading Arbitrators' Guide to International Arbitration written by Michael Charles Pryles and published by Juris Publishing, Inc.. This book was released on 2007-10-01 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume, prepared by a virtual “who’s who” of the leading arbitrators in Asia, present a unique insight into arbitration practices and procedures in the world’s largest and fastest growing region. This book offers thoughtful advice and insights into the world of international arbitration in Asia from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Brunei Darussalam, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, United Kingdom and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. There may be instances in which the authors disagree with one another on certain points, for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in international arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons - including, perhaps, the authors.

International Arbitration: Law and Practice in Switzerland

Author : Gabrielle Kaufmann-Kohler
Publisher : Oxford University Press
ISBN 13 : 0191669199
Total Pages : 732 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Arbitration: Law and Practice in Switzerland by : Gabrielle Kaufmann-Kohler

Download or read book International Arbitration: Law and Practice in Switzerland written by Gabrielle Kaufmann-Kohler and published by Oxford University Press. This book was released on 2015-10-22 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

An Introduction to International Arbitration

Author : Ilias Bantekas
Publisher : Cambridge University Press
ISBN 13 : 1316352641
Total Pages : 397 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis An Introduction to International Arbitration by : Ilias Bantekas

Download or read book An Introduction to International Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2015-08-10 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.

Rules and Practices of International Investment Law and Arbitration

Author : Yannick Radi
Publisher : Cambridge University Press
ISBN 13 : 1107102103
Total Pages : 581 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Rules and Practices of International Investment Law and Arbitration by : Yannick Radi

Download or read book Rules and Practices of International Investment Law and Arbitration written by Yannick Radi and published by Cambridge University Press. This book was released on 2020-10-29 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.

The Belt and Road Initiative

Author : Permanent Forum of China Construction Law
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514434
Total Pages : 220 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Belt and Road Initiative by : Permanent Forum of China Construction Law

Download or read book The Belt and Road Initiative written by Permanent Forum of China Construction Law and published by Kluwer Law International B.V.. This book was released on 2019-08-22 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The “Belt and Road” initiative, designed to enhance trade flows and spur long-term regional economic growth through infrastructure projects, has expanded China’s overseas construction market. This book, written by prominent adjudicators, lawyers, scholars, entrepreneurs and consultants with extensive first-hand experience in global construction matters will assist Chinese contractors in identifying, managing and mitigating the inherent risks involved, including those arising from the political, social, economic and legal contexts of the foreign jurisdiction. Drawing on real-life experiences of project managers, lawyers, arbitrators and others—and including summaries of both successful and unsuccessful cases—the book comprehensively covers the variety of risks facing Chinese contractors of international engineering projects and provides useful advice on how to address them. The issues and topics covered in this book are: understanding the political, social and market environment of the host country; cost and scheduling impacts of host country regulation; dispute resolution mechanisms; site security; health and medical environment; availability of local goods and materials; appointment of local subcontractors; public relations and social responsibility; and insurance. Questionnaires and interviews covering a wide variety of Chinese overseas construction projects provide expert perspectives on risk analysis and management, best practices, precautions, issues to be adjudicated in arbitrations and much more. Addressing all the practical difficulties and problems encountered before and during an overseas construction project, the book will help in-house counsel for Chinese enterprises and those who interact with them improve management, reduces risks, and protect rights and interests. It will also serve as a general guide for international engineering contractors, given that the risks Chinese enterprises face in their overseas operations are shared by their international counterparts. Others welcoming this book include international lawyers, scholars and researchers specializing in construction law, arbitrators, arbitral institutions and international project owners.