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Arbitration Submission Agreement

Arbitration Submission Agreement Template for Malaysia

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Key Requirements PROMPT example:

Arbitration Submission Agreement

"I need an Arbitration Submission Agreement under Malaysian law for a construction dispute between my company and a contractor regarding project delays and defective works, with arbitration to be conducted at AIAC with three arbitrators, proceedings to commence by March 2025."

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Document background
An Arbitration Submission Agreement is a crucial document used when parties have an existing dispute they wish to resolve through arbitration, rather than through court litigation. This agreement, governed by Malaysian law, particularly the Arbitration Act 2005, provides a comprehensive framework for arbitrating disputes in Malaysia or with Malaysian parties. Unlike arbitration clauses in commercial contracts that deal with future disputes, this submission agreement is drafted and executed after a dispute has already arisen. It must clearly define the scope of the dispute, the arbitration process, and comply with both Malaysian legal requirements and international arbitration standards. The agreement typically includes detailed provisions about the arbitration procedure, appointment of arbitrators, and specific aspects of the dispute, while ensuring enforceability under both Malaysian law and international conventions like the New York Convention.
Suggested Sections

1. Parties: Identification of all parties to the arbitration agreement

2. Background: Context of the dispute and the parties' agreement to submit to arbitration

3. Definitions: Key terms used throughout the agreement

4. Submission to Arbitration: Express agreement to submit the dispute to arbitration and waiver of right to litigate

5. Scope of Arbitration: Detailed description of the matters submitted to arbitration

6. Appointment of Arbitrators: Process for selecting arbitrators, including number of arbitrators and qualification requirements

7. Place of Arbitration: Specification of the seat of arbitration and venue for hearings

8. Language of Arbitration: Official language(s) for the proceedings and documents

9. Applicable Law: Laws governing the substance of the dispute and the arbitration procedure

10. Arbitration Rules: Specification of which institutional or ad hoc arbitration rules will apply

11. Costs: Provisions regarding allocation of arbitration costs and legal fees

12. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings

13. Final and Binding Nature: Confirmation that the award will be final and binding

14. Execution: Signature blocks and execution provisions

Optional Sections

1. Interim Measures: Provisions regarding the arbitral tribunal's power to grant interim relief

2. Document Disclosure: Specific rules for document production and disclosure if different from institutional rules

3. Multi-party Provisions: Special provisions for cases involving multiple parties

4. Expert Determination: Provisions for appointment and role of expert witnesses

5. Time Limits: Specific deadlines for various stages of the arbitration

6. Appeals: Any agreed mechanisms for appealing the award

7. Settlement: Provisions for recording any settlement as a consent award

8. Severability: Provisions ensuring validity of remainder if parts are found invalid

Suggested Schedules

1. Schedule 1 - Dispute Description: Detailed description of the dispute including relevant facts and claims

2. Schedule 2 - Arbitrator Requirements: Detailed qualifications and requirements for arbitrators

3. Schedule 3 - Procedural Timeline: Proposed timeline for the conduct of the arbitration

4. Schedule 4 - Documents: List of key documents relevant to the dispute

5. Schedule 5 - Special Procedures: Any agreed special procedures for the arbitration

6. Appendix A - Related Agreements: Copies of relevant contracts or agreements related to the dispute

7. Appendix B - Powers of Attorney: If applicable, powers of attorney for party representatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Construction

Engineering

Oil and Gas

Manufacturing

International Trade

Shipping and Maritime

Real Estate Development

Infrastructure

Technology

Financial Services

Energy

Telecommunications

Mining and Resources

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Corporate Secretariat

Executive Leadership

Operations

Commercial

Project Management

Business Development

Contract Administration

Relevant Roles

Legal Counsel

General Counsel

Chief Legal Officer

Dispute Resolution Manager

Contracts Manager

Chief Executive Officer

Chief Operating Officer

Project Manager

Commercial Director

Risk Manager

Compliance Officer

Company Secretary

Business Development Director

Operations Manager

Industries
Arbitration Act 2005: The primary legislation governing arbitration in Malaysia, covering both domestic and international arbitration proceedings, based on UNCITRAL Model Law
Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention): International convention ratified by Malaysia that ensures recognition and enforcement of foreign arbitral awards
Asian International Arbitration Centre (AIAC) Rules: Rules of Malaysia's premier arbitration institution (formerly KLRCA) that may be incorporated into the arbitration agreement
Contracts Act 1950: Malaysian legislation governing contract formation and enforcement, relevant as the arbitration agreement is essentially a contract
Evidence Act 1950: Malaysian legislation governing the admissibility of evidence, which may be relevant in arbitration proceedings
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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