MALAYSIA Law and Practice Contributed by: Rabindra S. Nathan, Rodney Gomez, K. Shanti Mogan and Alexius Lee, Shearn Delamore & Co
ting out the practices and standards parties and third- party funders are expected to comply with. 13.4 Consolidation An arbitral tribunal may consolidate separate arbitral proceedings, provided that the parties agree to confer such power on the arbitral tribunal. Section 40 of the AA 2005 confers express power on the arbitrator to consolidate proceedings in such circumstances. The court will not be able to exercise this power to consolidate separate arbitral proceedings under Sec - tion 40 of the AA 2005 ( Ragawang Corporation Sdn Bhd v One Amerin Residence Sdn Bhd [2020] 1 LNS 895 (High Court)). 13.5 Binding of Third Parties Generally, an arbitral award pursuant to an arbitration agreement is only binding on the parties to the arbitra - tion agreement. The national court does not have the ability to bind foreign third parties.
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