In brief

Q. Is it permissible for a Singapore-based corporation to have an arbitral award enforced in Malaysia?

A. Yes, Malaysia is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Judgements, which compels signing nations’ courts to recognise and enforce arbitration awards issued by other contracting governments. 

How are arbitral awards enforced in Malaysia? 

Q. However, may a court refuse to recognise or enforce an arbitral award if it is not satisfied?

A. Yes, the court has the authority to refuse to recognise or enforce an arbitral award in exceptional circumstances, such as when a party presents to the High Court under any incapacity described in S.39(1)(a) of the Arbitration Act 2005, or if the High Court determines that the arbitral award is unreasonable or falls under any incapacity described in S.39(1)(b) of the Arbitration Act 2005. 

Is it possible to challenge the arbitral award decision?

Q. What if I’m not happy with the arbitrator can I file a suit against him?

A. An arbitrator is not accountable for any act or omission done or failed to be done in the exercise of his powers as an arbitrator unless the conduct or omission is demonstrated to be in bad faith, according to the Act.