What, if any, are the legal requirements of an arbitration agreement under the laws of Malaysia?
The law on arbitration in Malaysia is governed by the Arbitration Act 2005 (“the Act”). Generally, disputes may be referred by parties to arbitration under an arbitration agreement unless the arbitration agreement is contrary to public policy. An arbitration agreement may be in the form of an arbitration clause in an agreement or in the form of a separate agreement. An arbitration agreement must be in writing. An agreement in writing can be a document signed by both parties, an exchange of letters, faxes or other communication that records the agreement or an exchange of a statement of claim and defence where the existence of an arbitration agreement is not denied.
