MALAYSIA Law and Practice Contributed by: Rabindra S. Nathan, Rodney Gomez, K. Shanti Mogan and Alexius Lee, Shearn Delamore & Co
10. The Award 10.1 Legal Requirements
It is statutorily stipulated that the Evidence Act 1950 (rules of evidence in courts) does not apply to pro -
ceedings before an arbitrator. 8.3 Powers of Compulsion
The arbitral award must be made in writing, be signed by the arbitrator or a majority of all the members of the arbitral tribunal, state its date and seat of arbitra- tion and, unless the parties have agreed otherwise or it is an award pursuant to a settlement, also state the reasons upon which it is based (see Section 33 AA 2005). Following the 2024 amendments, Section 33 now expressly recognises digital and electronic sig - natures on arbitral awards. In Telekom Malaysia Berhad v Obnet Sdn Bhd [2024] 6 MLJ 293, the Federal Court held that Section 33 AA 2005 excludes the possibility of an arbitrator mak - ing an oral award; an award other than the form pre - scribed will necessarily be invalid. There is no statutory time limit provided by Malaysian law on the delivery of the award, but the time for mak- ing an award may be limited by the arbitration agree - ment entered into between the parties. Where such a time limit exists, failure to comply with it may expose the award to a risk of being set aside unless an exten - sion is validly granted (see Ken Grouting Sdn Bhd v RKT Nusantara Sdn Bhd [2021] 2 CLJ 173 (Court of Appeal)). The High Court may also extend the time limit, unless otherwise agreed by the parties (Section 46 AA 2005). However, the High Court may only do so where there is an application made by the arbitrator or the parties and not on its own volition (see Ken Grouting Sdn Bhd v RKT Nusantara Sdn Bhd [2021] 2 CLJ 173 (Malay - sian Court of Appeal)). In AIAC-administered arbitrations, the AIAC Arbitra - tion Rules 2026 also require draft awards, except emergency awards, to undergo technical review by the AIAC Court of Arbitration before issuance. 10.2 Types of Remedies The types of remedies that an arbitral tribunal may award are not limited by the AA 2005 or the AIAC Arbi - tration Rules. However, the types of remedies award - ed are necessarily confined to the powers conferred
With the approval of the arbitral tribunal, the parties are empowered to make an application under Sec - tion 29 (2) AA 2005 to the High Court for assistance in taking evidence. The High Court has the power to order the attendance of a witness to give evidence or, where applicable, to produce documents on oath or before an officer of the High Court or any other person, including the arbitral tribunal.
9. Confidentiality 9.1 Extent of Confidentiality
Section 41A of the AA 2005 provides that no party may publish, disclose or communicate any informa - tion relating to the arbitral proceedings under the arbi - tration agreement or an award made in those arbitral proceedings. This would include all pleadings, evi - dence, documents and the award, which will remain confidential and cannot be disclosed in subsequent proceedings. There are three exceptions to this rule: • where the publication, disclosure or communica - tion is made to protect or pursue a legal right or interest of the party, or to enforce or challenge the award in legal proceedings before a court or other judicial authority; • if the publication, disclosure or communication is made to any government body, regulatory body, court or tribunal and the party is obliged by law to make the publication, disclosure or communica - tion; or • if the publication, disclosure or communication is made to a professional or any other adviser of any of the parties. The confidentiality obligation under Section 41A of the AA 2005 does not, however, extend to non-parties of an arbitration proceeding (see Dato ’ Seri Timor Shah Rafiq v Nautilus Tug & Towage Sdn Bhd [2019] 10 MLJ 693).
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