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Malaysia ADR Mediation & Arbitration Legal Questions answered by Lawyers

Browse our 2 legal questions about ADR Mediation & Arbitration in Malaysia and read the lawyer answers, or ask your own questions for free.

Can I bypass an AIAC arbitration clause in a commercial contract and file a lawsuit in Malaysian court instead?
Corporate & Commercial ADR Mediation & Arbitration
My company signed a supply agreement with a local vendor in Kuala Lumpur that includes a mandatory arbitration clause under AIAC rules. The vendor breached the contract, causing RM 80,000 in losses, but initiating arbitration seems too expensive for this claim size. I want to know whether the Sessions Court... Read more →
Lawyer answer by Azmi & Associates

Assuming that there is indeed a valid agreement containing a mandatory arbitration clause and that the dispute falls within the scope of the said clause, the Malaysian courts will generally be inclined to grant a stay of proceedings in favour...

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Can I refuse arbitration in Malaysia if the contract clause was in small print?
ADR Mediation & Arbitration
I signed a service contract and only noticed the arbitration clause later in the terms and conditions. Now there’s a dispute over fees and they insist everything must go to arbitration. Can the clause be challenged and what steps should I take before replying?
Lawyer answer by RAVINDRAN Advocates & Solicitors

The general rule is you can't do away with arbitration if parties have agreed to it, unless both parties agree to waive the arbitration clause and go to court instead. That said, we will only be able to give you...

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Malaysia ADR Mediation & Arbitration Legal Articles

Browse our 3 legal articles about ADR Mediation & Arbitration in Malaysia with practical legal information.

Resolving Commercial Disputes via Arbitration in Malaysia
ADR Mediation & Arbitration
Commercial arbitration in Malaysia is governed by the Arbitration Act 2005, which is based on the UNCITRAL Model Law, ensuring a framework that aligns with international standards. The Asian International Arbitration Centre (AIAC) in Kuala Lumpur serves as the primary regional hub for dispute resolution, providing cost-effective administration and a... Read more →
Handling International Child Custody Mediation in Malaysia
ADR Mediation & Arbitration
Malaysia operates a dual legal system. Non-Muslim family matters go to Civil Courts, while Muslim family matters are handled by Syariah Courts. The Law Reform (Marriage and Divorce) Act 1976 governs child custody for non-Muslim expatriates in Malaysia. Mediation resolves cross-border custody disputes faster and cheaper than litigation, keeping family... Read more →
Resolve Expat Employment Disputes in Malaysia via Mediation
ADR Mediation & Arbitration
Resolve Expat Employment Disputes in Malaysia via Mediation 60-day deadline: You have exactly 60 days from the date of dismissal to file an unfair termination dispute under the Industrial Relations Act 1967. Visa protection: When your employer cancels your Employment Pass (EP), you must secure a Special Pass from Immigration... Read more →

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