The Arbitration Act 2005 (Amended 2011, 2018 and 2024): UNCITRAL Model Law as Applied in Malaysia, 2nd Edition

Author

Datuk Professor Sundra Rajoo

ISBN: 9786297851396

Published: August 2026

Format: Hardcover + eBook

Language: English

Publisher: Sweet & Maxwell

Description

This authoritative commentary provides an in-depth analysis of Malaysia's Arbitration Act 2005, the statute modelled on the UNCITRAL Model Law that governs both domestic and international arbitrations seated in Malaysia. Since its introduction, the Act has undergone four amendments, with the latest 2024 reforms introducing significant changes, including the new section 9A on the applicable law governing arbitration agreements, the third-party funding framework under sections 46A to 46I, and a revised institutional appointing-authority structure.

Over the past two decades, the Federal Court has significantly shaped the interpretation and application of the Act through its evolving jurisprudence. This second edition offers the most up-to-date and authoritative examination of the Act, analysing each provision in its current form, exploring the legislative background behind each amendment, examining Malaysian case law, comparing the Act with the UNCITRAL Model Law and related international jurisdictions, and highlighting where the law is settled and where it remains subject to further development.

Key Features

• Full section-by-section analysis incorporating the 2011, 2018 and 2024 amendments, with each Model Law equivalent article identified
• Covers the new section 9A (law applicable to arbitration agreements) and the third-party funding framework under sections 46A–46I
• Malaysian case law set out chronologically — Federal Court, Court of Appeal and High Court decisions construing each section
• Comparative materials on corresponding provisions in Singapore, Hong Kong, Australia, Canada and England
• Practical observations on the questions practitioners and tribunals most frequently encounter on each section

Coverage

Part I Preliminary (ss 1-2); Part II Arbitration (ss 3-46I) — arbitration agreements including new s 9A, stay of court proceedings, interim measures, composition and jurisdiction of the tribunal, conduct of proceedings, awards, setting aside, recognition and enforcement, appeals, costs and fees, third-party funding (ss 46A-46I); Part III Additional Provisions (ss 47-51) — consolidation, preliminary points of law, powers of the court; Part IV Miscellaneous (ss 52-56) — liability of arbitrators, immunity of appointing authorities, banking secrecy, bankruptcy.

About the Author

Datuk Professor Sundra Rajoo is recognised as Malaysia's first full-time arbitrator, practising since 1997, and has acted as arbitrator in more than 300 international and domestic cases across Asia, Africa, Europe and the Middle East. He has served twice as Director of the Asian International Arbitration Centre (2010-2018 and 2023-2024), is Founding President of the Asian Institute of Alternative Dispute Resolution, and was elected President of the Chartered Institute of Arbitrators in London in 2016. He has authored 12 leading treatises, including the companion volume Handbook on Arbitration (Thomson Reuters, 2026).

Why buy this book?

Kuala Lumpur, through the Asian International Arbitration Centre, is an established seat for cross-border arbitration, and Malaysia's Arbitration Act 2005 is a leading UNCITRAL Model Law jurisdiction cited in comparative arbitration scholarship worldwide. This is the current, section-by-section reference on that Act — essential for anyone advising on, sitting as arbitrator in, or litigating around arbitrations seated in Malaysia, and a comparative reference point for arbitration practitioners and academics tracking Model Law jurisdictions globally.

Keywords

Malaysia arbitration law, UNCITRAL Model Law, Arbitration Act 2005, international arbitration, Asian International Arbitration Centre, third-party funding arbitration, comparative arbitration law

Target Audience

Judges, counsel, arbitrators, in-house counsel, academics and students of arbitration law, and law libraries with an international arbitration practice

Genre

Arbitration, International Arbitration, Comparative Law

Q&A

Where can I buy The Arbitration Act 2005 (Amended 2011, 2018 and 2024): UNCITRAL Model Law as Applied in Malaysia, 2nd Edition?
You can order this title directly from CLNZ Books at clnzbooks.com, with worldwide shipping via trusted international courier and payment by card or PayPal.

What's new in the 2024 amendments covered by this edition?
A new section 9A on the law applicable to arbitration agreements, a third-party funding framework under sections 46A to 46I, and a revised institutional appointing-authority structure.

Does it compare Malaysia's regime to other jurisdictions?
Yes — it includes comparative materials on corresponding provisions in Singapore, Hong Kong, Australia, Canada and England.

Who is this book for?
Judges, counsel, arbitrators, in-house counsel, and academics and students working on Malaysian or comparative international arbitration law.

How does it differ from the author's Handbook on Arbitration?
The Handbook follows the practical stages of an arbitration; this commentary is structured section-by-section around the Arbitration Act itself, as an authoritative reference on the legislation. The two are designed as complementary volumes.

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