International & Domestic Arbitration
An arbitration is a trial without the scaffolding of the court. That freedom is an advantage only if the reference is run with discipline — a tight procedural order, evidence prepared to be tested, and an award that will survive challenge and enforce cleanly.
Counsel in institutional (AIAC) and ad hoc arbitration under the Arbitration Act 2005 — and the court applications that support, challenge and enforce awards.
What we handle
- Counsel in domestic and international commercial arbitration
- Construction and EPC arbitration (PAM, PWD, FIDIC forms)
- Stay of court proceedings in favour of arbitration (s.10)
- Interim measures from the tribunal and the court (ss.11, 19)
- Setting aside and resisting setting aside of awards (s.37)
- Recognition and enforcement of domestic and foreign awards (ss.38–39, New York Convention)
Our approach to a arbitration matter
Read the clause first
The arbitration agreement decides the seat, the rules, the number of arbitrators and the language. Before anything else, we read it closely — and, if court proceedings have started in breach of it, apply to stay them under s.10.
Constitute and set the timetable
The procedural order made at the first case-management conference governs the whole reference. We negotiate it to fit the real dispute rather than accept a standard one.
Build the evidence
Witness statements and expert reports are the case in an arbitration. We prepare them to be cross-examined on, not merely filed.
Award and enforcement
A favourable award is the beginning of recovery, not the end. We plan for enforcement — and for the possibility of a setting-aside challenge — from the outset.
The team for arbitration
Aravind Menon
Arbitration: the questions we are asked
We have an arbitration clause but the other side has sued in court. What do we do?
Apply promptly for a stay of the court proceedings under s.10 of the Arbitration Act 2005 — before taking any step in the action, or you may be treated as having submitted to the court’s jurisdiction. This is time-sensitive; contact us as soon as you are served.
Can an award be appealed?
There is no general appeal on the merits. An award may be set aside only on the limited grounds in s.37 (for example, a party unable to present its case, or an award beyond the submission or contrary to public policy). We advise candidly on whether any of those grounds is realistically open.
Can a foreign award be enforced in Malaysia?
Yes. Malaysia is a party to the New York Convention, and a foreign award is generally enforceable under ss.38–39 of the Arbitration Act 2005, subject to the narrow refusal grounds. We handle recognition and enforcement, and resist it where we act for the award debtor.