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The status of the KLRCA as an independent
arbitral institution for both domestic and international arbitration
is a clear policy of the Malaysian Arbitration Act 1952. The
Amendment to Malaysian Arbitration Act 1952 in 1980
includes a Section 34, which provides that any arbitration conducted
under the
Rules of the Centre is excluded from the
supervision or intervention of the Malaysian Courts. Section 34
includes domestic arbitration as well as international arbitration.
The decided cases of Klockner
Industries [1990] 3 MLJ 183; Soilchem Sdn Bhd case [1993] 3 MLJ 68;
and Sarawak Shell Bhd case [1998] 2 MLJ 20, state as such, and no
other interpretation to Section 34 should be given contrary to the
decision of the courts.
In this connection, the
Centre has revised its Arbitration Rules of 1998 as follows:
"This Section provides that any arbitration conducted under the
Rules of the Centre is excluded from the supervision of the
Malaysian Courts, which will not intervene in such arbitration. This
is a unique provision not found in other jurisdictions."
The amendment is necessary to make the paragraph in conformity with
the decision of the court in Section 34. (Arbitration
Rules of Regional Centre for Arbitration Kuala Lumpur Revised August
2001) |