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Conducting arbitration in Malaysia: procedure

The parties to an arbitration are free to agree on the applicable procedures in an arbitration, subject to overriding rules of fairness. Where the parties have failed to determine this however, the arbitral tribunal will have the prerogative to determine the matter of procedure, which is considerably wide. This article is part of a series on conducting arbitration in Malaysia and, in particular, focuses on procedural aspects.
Aniz Ahmad Amirudin Dato Cecil Abraham V Mohamed Azahari Dato Sunil Abraham Arbitration Act United Nations Commission

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What you should know about the 'Ending Forced Arbitration of Sexual Assault and Sexual Harassment' act

President Biden recently signed significant legislation titled “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” which prohibits forced arbitration for sexual assault and sexual harassment claims. Under the Act, no mandatory arbitration agreement or joint-action/class action waiver relating to sexual assault and/or sexual harassment claims is valid or enforceable absent consent from the complainant making such allegations and/or the named representative of th...
United States Supreme Court Health Administration Us Supreme Court Society For Human Resource Management Us House Committee

Conducting arbitration in Malaysia: law governing conduct

The choice of the seat of arbitration has a number of important legal consequences for the conduct of the proceedings. For example, under section 30(1) of the Arbitration (Amendment) Act 2011, in respect of a domestic arbitration where the seat of arbitration is in Malaysia, the arbitral parties may decide the dispute in accordance with the substantive law of Malaysia. This article is part of a series on conducting arbitration in Malaysia, and in particular, focuses on the law governing conduct.
New York United States Sdn Bhd Aniz Ahmad Amirudin Dato Cecil Abraham Dato Sunil Abraham

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