Description
Sweet & Maxwell Uncitral Model Law & Arbitration Rules by Sundra Rajoo
It was a fateful evening in February 2006. We were in congenial circumstances enjoying a wine pairing dinner at the Royal Selangor Club. Dato’ Bill Davidson turned to me and asked if we could co-author a commentary on the Arbitration Act 2005.1 agreed. As a result of our joint effort, the book was published in 2007 by Sweet & Maxwell as The Arbitration Act 2005 – UNCITRAL Model Law as Applied in Malaysia. It filled a lacuna in legal literature. Earlier, both of us had been on the Bar Council Committee drafting an Arbitration Bill at the request of the then Attorney General. Dato’ Bill Davidson was the principal draftsman. The result was an Arbitration Bill based on the UNCITRAL Model Law which was eventually sent to the Attorney General’s Chambers. The Arbitration Act 2005 as enacted was based mainly on the Bar Council Draft Bill subject to amendments by the Attorney General’s Chambers done in conformity with its in-house
drafting style.
Table of Contents
Part I Introductory Overview
The scope of the book
The New York Convention
Malaysia’s accession to the New York convention
The UNCITRAL Model Law
The history and forms of ADR in Malaysia
The development of arbitration legislation
The Arbitration Act 2005
The 2011 Amendments to the Arbitration Act 2005
The 2018 Amendments to the Arbitration Act 2005
Background to the repeal section 42
Conclusion
Part II Arbitration Act 2005 with Commentary
Part III Asian International Arbitration Centre (AIAC) Arbitration Rules 2018 with Commentary
Part IV Appendices
Appendix A : UNCITRAL Model Law on International Commercial Arbitration
Appendix B : New York convention 1958
Index