(1) This Act may be cited as the Convention on the Shorttitle, applcation Recognition and Enforcement of Foreign Arbitral Awards Act 1985 and shall apply throughout Malaysia, mencement.
on such date as
(2) This Act shall come into forcenotification di-Pertuan by in the the Yang Agong may Gazette appoint.
SourceAct 320
Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 1985
Akta konvensyen mengenai pengiktirafan dan penguatkuasaan award timbangtara asing 1985
This legislation has been repealed. Do not cite it as law in force.
Some sections could not be extracted from the official PDF, so this text may be incomplete.
An Act to give effect to the provisions of the Conven- tion on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on the 10th June 1958, and to provide for matters connected therewith or ancillary thereto.
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(1) In this Act, unless the context otherwise Inter Act, protation. requires "arbitration agreement" means an agreement in contained in an exwriting, including an agreement submit to arbitration g e Of letters or telegrams, to settlement byy present or future differences capable of arbitration; hetnvention award" means an award on relationdiflerences shen persons arising out of a defined legal P,whether contractual or not, considered as com- CrCial under the law in force in Malaysia made 4) in pursuance of an arbitration agreement to and which the New York Convention applies;
S. 2-4]
(6) in pursuance of an arbitration agreement in the territory of a State other than Malaysia, which is a party to the New York Convention;
New York Convention" means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration on the 10th June 1958 as set forth in the Schedule.
(2) The Yang di-Pertuan Agong may, by order in the Gazette, declare that any State specified in the order is a party to the New York Convention, and that order shall, while in force, be conclusive evidence that that State is a party to the said Convention.
Effect of 3. (1) A Convention award shall, subject to the follow. Convention ing provisions of this Act, be enforceable in Malaysia award. either by action or in the same manner as the award of an arbitration is enforceable by virtue of section 27 Act 93. of the Arbitration Act 1952. enforce-
(2) Any Convention award which would be for all able under this Act shall be treated as binding between whom it was made purposes on the persons as of those and may accordingly be relied upon by any set-off or otherwise in any persons by way of defence, Malaysia and any references in this legal proceedings inConvention Act to enforcing a award shall be construed an award. as including references to relying upon
The party seeking to enforce a Evidence. must produceaward or a duly
(a) the duly authenticated original certified copy of it; and or a duly
(6) the original arbitration agreement certified copy of it; and than the
(c) where the award is in a language other national language or the English language, translation of it in the national language or tne English language certified by an official Or sworn translator or by a diplomatic or consula agent.
S. 51
cONVENTION ON 1HE RECOGNTmON AND ENFORCEMENT OF FOREIGN ARBITRAT AWARDS
(1) Enforcement of a Convention award may be Resa o refused if the person against whom it is invoked ment. proves
(a) that a party to the arbitration agreement was, under the law applicable to him, under some incapacity; or
(b) that the arbitration was not valid under the law to which the parties subjected it or, failing anyy indication thereon, under the law of the country where the award was made; or c) that he was not given proper notice of the appointment of the arbitrator or of the arbitraion proceedings or was otherwise unable to present his case; or
(d) subject to subsection (3), that the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration; or e) that the composition of the arbitral authority or that the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the country where the arbitration took place; or () that the award has not yet become binding onn the parties or has been set aside or suspended in by a competent authority of the country which, or under the law of which, it was made.
(2) Enforcement of a Convention award may also be refused if the award is in respect of a matter which S not capable of settlement by arbitration, or if it Would be contrary to public policy to enforce the award.
Convention award which contains decisions
(3) A not on
matters submitted to arbitration may be enforced to the extent it contains decisions on matters submitted to arbitration which can be separated from those on matters not so submitted.
S. 5-61
(4) If the court before which a 1S Sought to be relied upon is Convention satisfied award that application for the setting aside or suspension of the a award has been made to referred to in competent a of subsection authority court may, if paragraph (f) (1), the it considers it decision on the enforcement of proper, the adjourn the also, on the application of the party award and may ment of the award, order the claiming enforceother party to suitable security. give Staying 6. (1) If any party to an court prothe New York Convention arbitration agreement to which ceedings where ing applies, or any person claimthrough or under him Commences any party proves arbitration proceedings in any court against any other partylegal to the agreement or any agreement. under him in respect ofperson claiming through or any matter agreed to be referred to arbitration in such to the proceedings agreement, any party may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to the court to the stay the proceedings; and the court, unless satisfied that agreement is null and void, inoperative or incapable of being performed or that there is not in fact between the parties with any dispute to be referred, shall regard to the matter agreed make an order staying the proceedings.
(2) This section applies to any arbitration which is not a domestic arbitration agreement agreement section 6 of the Arbitration Act 1952 shall not and to an arbitration apply agreement to which this section applies.
(3) In this section, "domestic arbitration means an arbitration agreement" agreement which does not provide, expressly or by implication, for arbitration in a State other than Malaysia and to which neither
(a) an individual who is a national of, or habitually resident in, any State other than Malaysia; nor 6) a body corporate which is whose central incorporated in, or control is management and exercised in, any State other than Malaysia, 1s a party at the time the proceedings are commencea.
Schedule] cONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDSs
(Section 2) CONVENTION ON THE RECOGNITION AND ENFORCE MENT OF FOREIGN ARBITRAL AWARDS 1958 ARTICLE I . This Convention shall apply to the ment recognition and enforce- of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and arising out of differences between whether physical or legal. It shall also apply to arbitral persons, awards not considered as domestic awards in the State where their recognition and enforcement are sought.
2. The term "arbitral awards" shall include not only made by arbitrators appointed for each case but also thoseawards made by permanent arbitral bodies to which the parties have submitted. 3. When signing, ratifying or acceding to this Convention, or notifying extension under article X hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State. It may also declare that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commereial under the national law of the State making such declaration.
ARTICLE II
.Each Contracting State shall recognise an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not, concerning a subject-matter capable of settlement by arbitration. 2. The term "agreement in writing" shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams.
3. The court of a Contracting State, when seized of an action In a matter in respect of which the parties have made an agree- ment within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.
ARTICLE III
Each Contracting State shall recognise arbitral awards as binding with the rules ofprocedure of nd enforce them in accordance under the conditions ne territory where the award is relied upon, ldd down in the following articles. There shall not be imposed
Schedule)
fees or charges higher conditions or awards to which onerous of arbitral more or the recognition enforcement substantially or on the recognition imposed on applies than are this Convention d o m e s t i c a r b i t r a l awards enforcement of
ARTICLE IV enforcement mentioned in the and and enforce- the recognition recognition 1. Tp obtain party applying for supply: preceding article, the application, time of the ment shall, at the award o r a duly certified authenticated original
(a)the duly copy thereof; duly in article II or a referred to the original agreement
(b) certified copy thereof. official is not made in an award or agreement the If the said the award is relied upon, 2. the country in which e n f o r c e m e n t of the award shall language of and The applying for recognition into such language. party translation of these documents or sworn translator
by an oficial produce a certified translation shall be or consular agent. or by a diplomatic
ARTICLE V
of the award may be refused, 1. Recognition and enforcement it is invoked, only if against whom the request of the party where the recogni- at the competent authority that party furnishes to tion and enforcement is sought, proof that: referred to in article II were the parties to the agreement incapacity,
(a) to them, under some under the law applicable is not valid under the law to which or the said agreement indication the parties have subjected it or, failing any the award the law of the country where thereon, under was made; or was not the award is invoked
(b) the party against whom of the appointment of the arbitrator given proper notice or was otherwise unabie or of the arbitration proceedings to present his case; or
(c) the award deals with a difference not contemplated by or of the submission to arbitra- not falling within the terms the Scope tion, or it contains decisions on matters beyondthat if arbitration, provided of the submission to suubmitted the decisions on matters to arbitration can De separated from those not so submitted, that part of _tne award which contains decisions on matters submitted o arbitration may be recognised and enforced; or
d) the composition of the arbitral authority or the arbitra procedure was not in accordance with the agreement the parties, or, failing such agreement, was not in acco dance with the law of the country where the arbitration took place; or
ISchedulel cONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AaWARDS
(e) the award has not yet become has been set aside or binding on the parties, or of the country in which,suspended by a competent authority or under the law of which, that award was made.
2. Recognition and enforcement of an arbitral award be refused if the competent may also nition and enforcement is authority in the country where recog- sought finds that:
(a) the subject-matter of the difference is settlement by arbitration under the law of not capable of thatcountry; or
(6) the recognition or enforcement of the award would be contrary to the public policy of that country.
ARTICLE VI If an application for the setting aside or suspension of the award has been made to a competent authority referred to in article V1) (), the authority before which the award is sought to be relied upon may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security.
ARTICLE VII 1. The provisions of the present Convention shall not affect the validity of multilateral or bilateral agreements concerning the recognition and enforcement of arbitral awards entered into by the Contracting States nor deprive any interested party of any right he may have to avail himself of an arbitral award in the manner and to the extent allowed by, the law or the treaties of the country where such award is sought to be relied upon.
2. The Geneva Protocol on Arbitratión Clauses of 1923 and the Awards Geneva Convention on the Execution of Foreign ArbitralStates of 1927 shall cease to have effect between Contracting on bound and the extent that they become bound their becoming to by this Convention.
ARTiCLB VIII December 1958 for open until 31st 1. This Convention shall beMember of the United Nations and Signature on behalf of any or hereafter becomes also on behalf of any other State which is of the United Nations, or membeT of any specialized agency to the Statute of the which is or hereafter becomes or partyother State to which an a
International Court of Justice, any of the has been addressed by the General ASsembly Invitation United Nations. the instrument of 2. This Convention shall be ratified and with the Secretary-General of the ratification shall be deposited United Nations.
Schedulel ARTICLE IX I. This Convention shall be open for accession to all States referred to in article VIlI.
Accession shall be etfected by the deposit of an instrumentof accession with the Secretary-General of the United Nations. ARTICLE X 1. Any State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned.
2. At any time therealter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later.
3. With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the Governments of such territories.
ARTICLE XI In the case of a federal or non-unitary State, the following provisions shall apply:
(a) with respect to those articles of this Convention that come within the legislative jurisdiction of the federal authority the obligations of the federal Government shall to this extent be the same as those of Contracting States wheu are not federal States;
(b) with respect to those articles of this Convention that come within the legislative jurisdiction of constituent States o Provinces which are not, under the constitutional syste of the federation, bound to take legislative action, federal Government shall bring such articles witn favourable recommendation to the notice of the appot at priate authorities of constituent States or Provinces the earliest possible moment;
(c) a federal State party to this Convention shal, at t request of any other contracting State transmitted thro the Secretary-General of the United Nations, suppnd statement of the law and its constituent units in practice of the federaision of this Convention, regard to any particulat c t bas
been given to that showing the extent to whicn eition provision by legislative or other acu
4ehedule
O AMnA AWAND
ARTICLU XII This Convention shnll come into force on the ninetieth day tollowing the date ol depost of the third instrument of ratitieatiom (NcCeNiON,
For cach State ralilying or ncceding to this Convention after the deposit of the third instrumcnt of ratification or acession, this Convention shall cnter into force on the nineticth day after depovit by Nuch State ol its instrument of ratitieation or ucccmiom.
ARTICLH XIL . Any Contracting Statc muy denouncc thi» Convention by a written notificntion to the Seerctary-Gicneral of the Unted Natíons. Denunciation shall tuke clfcet one ycar afler the dute of reccipt of the notification by the Sceretary-CGeneral,
2. Any Slate which has mude a declaration or notificaton under articlc X may. at any time thereafter by notifieation to the Sccrctary-Gencral of the United Nations, declarc that this Con- vention shall cusc to cxtend to the territory concerned one ycar after the date of the receipt of the notification by the Secretary- General.
3. This Convention shall continuc to be applicable to arbitral awards in rcspect of which recognition or enforcement procecdings have bcen instituted before the denunciation takes cífect,
ARTICLE XIV A Contracting State shall not be entitled to avail itself of the present Convention against other Contracting States cxcept to the cxtent that it is itself bound to apply thc Convention.
ARTICILE XV
The Secrclary-ieneral of the Uniled Nations shall notify the States contemplated in article VIII of the following with article VIlI;:
(a) Signatures and ratifications in uccordunce
(b) Accessions in accordance with article IX; articles I, X and XI;
(c) Declarations and notifications under enters into force in
(d) The dale upon which this Convention accordance with article XII; with article
(e) Denunciations and notifications in accordance XIII
Schedule
ARTICLE XVI
1. This Convention, of which the Chinese, English, French Russian and Spanish texts shall _be equally authentic, shall deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit a certified copy of this Convention to the states contemplatedin article XIII.
DICETAK OLEH HAJI MOKHTAR SHAMSUDDIN, J.s.D., S.M.T., K.M ETOA PENGARAH PERCETAKAN NEGARA, KUALA LUMPUR *** DENGAN PERINTAH PADA 30HB MEI 1985
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- Act 320
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Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 1985 [Act 320] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-320
This text is synced from lom.agc.gov.my. In case of any discrepancy, the authoritative text prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).