ABOUT KUALA LUMPUR REGIONAL ARBITRATION CENTER (KLRCA)
The Kuala Lumpur Regional Arbitration Center was established in 1978 in the Malaysian capital to provide effective out-of-court dispute resolution methods.
Under the auspices of the Asia-Africa Legal Advisory Organization, an international intergovernmental organization, Central Asia acts as a neutral institution for resolving commercial and investment disputes in the Asia-Pacific region. The main functions of the Kuala Lumpur Regional Arbitration Center are:
-Development of international commercial arbitration in the Asia-Pacific region;
- Management of international and local arbitrations in accordance with the Rules of the Center (UNCITRAL Rules);
-Assistance in the implementation of decisions;
- Expand the use of other means such as mediation, consultation to resolve disputes in accordance with the Centre's Conciliation Rules;
-Management of the process of resolving international and local disputes in accordance with the MYNIC Strategies and Rules, Additional Rules of the Center;
-Provide advice and assistance to everyone who applies to the center. The parties to the dispute have the right to resolve their disputes in accordance with the Rules of the Center, regardless of their international or local nature. The arbitration process in Malaysia is governed by the Arbitration Act of 1952 (Act 93) and the Rules of the Supreme Court of 1980, Order 69.
The Arbitration Act of the United Nations, not the Model Law of UNCITRAL
Based on the 1950 Arbitration Act.
There are currently two different regimes in Malaysian law: arbitrations outside the jurisdiction governed by Section 34 of the 1952 Arbitration Act and arbitrations to which the remainder of the Act applies, with the exception of Section 34. Arbitrations under Section 34 of the 1952 Arbitration Act
From left to right:
Alida Mahmudova (Secretary General of AAMM),
Dato ’Noorashikin Tan Sri Abdul Rahim
(Director of KLRCA)
- Arbitrations governed by the Convention for the Settlement of Investment Disputes between States and Foreign States of 1965 (the Washington Convention);
- Based on the Model Arbitration Rules of UNCITRAL dated 1976;
- Arbitrations operating in accordance with the Rules of the Kuala Lumpur Regional Arbitration Center.
Malaysia has adopted the 1966 Convention on the Settlement of Investment Disputes in accordance with the 1965 Washington Convention. The Kuala Lumpur Regional Arbitration Center has adopted the 1976 UNCITRAL Arbitration Rules with amendments to its institutional framework. It is currently one of the most influential arbitration centers in Malaysia. The Malaysian government strongly supports international arbitration and supports the financing of the infrastructure of the Kuala Lumpur Regional Arbitration Center and the development of international arbitration.
Enforcement of arbitral awards is provided for in Sections 34 (2) and 34 (3) of the 1952 Arbitration Act. Arbitration proceedings under the 1965 Washington Convention
Alida Mahmudova (Secretary General of AAMM)
arbitration obtained as a result
arbitral awards in accordance with the provisions of that Convention and arbitration decisions made in accordance with the Rules of the Kuala Lumpur Regional Arbitration Center shall be enforced in accordance with the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.