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Malaysians without affiliations — Hafiz Hassan | What You Think

MARCH 12 — A party to a civil dispute who has obtained a judgment — this includes an arbitration award — will have to enforce the judgment. Without enforcement, the party cannot obtain the spoils of victory, so to speak. Without enforcement, the judgment becomes effectively worthless and a...
New York United States York Convention The Reciprocal Enforcement Judgments Act Arbitration Act

Conducting arbitration in Malaysia: arbitral tribunals

Under both the Arbitration Act 1952 and the Arbitration Act 2005, parties have the freedom to determine the number of arbitrators for reference of their dispute. This article is part of a series on conducting arbitration in Malaysia, and, in particular, focuses on the requirements for the appointment of arbitrators, challenging and removing arbitrators and provisions relating to emergency arbitrators.
Kuala Lumpur Aniz Ahmad Amirudin Dato Cecil Abraham Dato Sunil Abraham Asian International Arbitration Centre Regional Arbitration Centre For Kuala Lumpur

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The Commercial Court of England and Wales Outlines Limitations under English law on the Doctrine of Separability in Respect to Agreements to Arbitrate | K&L Gates LLP

The Commercial Court of England and Wales has outlined limitations of the doctrine of “separability,” i.e., the notion that an arbitration agreement within a commercial contract is...
City Of United Kingdom Kl Gates Ltdv Gemini Ocean Shipping Co Ltd Nautica Marine Ltdv Trafigura Trading Enka Insaat Ve Sanayi

Arbitration Limitations in England and Wales

The Commercial Court of England and Wales has outlined limitations of the doctrine of separability, in a judgment in which it allowed an application to set aside an arbitration award for lack of jurisdiction.DHL Project & Chartering Ltd v Gemini Ocean Shipping
City Of United Kingdom Supreme Court Ltdv Gemini Ocean Shipping Co Ltd Nautica Marine Ltdv Trafigura Trading Enka Insaat Ve Sanayi

Conducting arbitration in Malaysia: doctrine of separability, jurisdiction and arbitrability

This article is part of a series on conducting arbitration in Malaysia. In particular, it discusses the doctrine of separability, which became part of Malaysian law through section 18(2) of the Arbitration Act 2005, jurisdiction – with regard to the "competence-competence" principle and the interaction of national courts and tribunals – and subjective and objective arbitrability.
Hong Kong Dato Abdul Aziz Aniz Ahmad Amirudin Dato Cecil Abraham Philip Koh Dato Nikin Nadkarni

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