The Request must: be written in English, French or Spanish (the official languages of the Centre) include the name and contact details of all parties (including e-mail, street address and telephone number) be signed and dated by the requesting party or its representative.
Arbitration has become more popular as an alternative dispute resolution in Malaysia. The process gained more popularity after the Arbitration Act was updated. Today, many business people in Malaysia and company owners choose this process as an alternative to court litigation.
Pass the Diploma in International Commercial Arbitration and Module 4 of CIArb's arbitration training programmes; or. Complete a recognised equivalent course; or. Complete CIArb's experienced practitioner scheme. Demonstrate the level of experience in the relevant field as required by CIArb.
There are several reputable arbitral institutions in Malaysia, the Asian International Arbitration Centre (AIAC). The party initiating the arbitration must send a written notice of arbitration to the other party or parties, stating the nature of the dispute and the relief sought.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
The normal method is by letter. It should identify the arbitration agreement, by clause number or other appropriate reference. It should also identify by reference to other documents or in terms, the nature of the dispute to be submitted to arbitration.
But first, let's get some context. What is arbitration? ... #1: Understand the arbitration agreement deeply. #2: Understand the applicable rules. #3: Conduct preliminary research and gather information. #4: Know your arbitrator. #5: Prepare your client. #6: Draft the opening statement. #7: Manage the hearing day.
To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. Arbitrator selection. Preliminary hearing. Information exchange and preparation. Hearings. Post hearing submissions. Award.
Parties will need to provide material evidence during the arbitration process. Some arbitrators may require that some types of evidence (such as invoices, pictures, and party correspondence) be presented in a specific format, such as in a binder and labeled in a certain order.