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Legal Discourse across Cultures and Systems$
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Vijay K. Bhatia, Christopher N. Candlin, and Jan Engberg

Print publication date: 2008

Print ISBN-13: 9789622098510

Published to Hong Kong Scholarship Online: September 2011

DOI: 10.5790/hongkong/9789622098510.001.0001

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PRINTED FROM HONG KONG SCHOLARSHIP ONLINE (www.hongkong.universitypressscholarship.com). (c) Copyright Hong Kong University Press, 2019. An individual user may print out a PDF of a single chapter of a monograph in HKSO for personal use.date: 14 October 2019

Powers of the Court in the Malaysian Arbitration Act

Powers of the Court in the Malaysian Arbitration Act

Chapter:
(p.169) 8 Powers of the Court in the Malaysian Arbitration Act
Source:
Legal Discourse across Cultures and Systems
Author(s):

Azirah Hashim

Publisher:
Hong Kong University Press
DOI:10.5790/hongkong/9789622098510.003.0008

This chapter examines the general powers of the High Court in the Malaysian Arbitration Act to ascertain similarities and differences that exist between the UNCITRAL Model Law of 1985 and the Arbitration Act of Malaysia of 1952 9“the Act”), respectively. It also investigates some of the linguistic features found in the relevant sections of the Act. The chapter includes references to related cases to illustrate the judicial interpretation of the language in the Act in the different sections involving powers of the High Court and the implications of the language used. The analysis reveals the extent of the general powers of the High Court and the important role of language in the Act. The influence of the High Court was seen to be detrimental to foreign parties and this led to an amendment in the Act in 1980, with the insertion of section 34.

Keywords:   Malaysia, arbitration, judicial interpretation, High Court, foreign parties

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