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Applicable Law Arbitration Agreement

Applicable Law Arbitration Agreement Template for Malaysia

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Key Requirements PROMPT example:

Applicable Law Arbitration Agreement

"I need an Applicable Law Arbitration Agreement under Malaysian law for a joint venture between our Malaysian technology company and a Singapore-based software developer, with arbitration to be conducted in Kuala Lumpur under AIAC rules."

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Document background
The Applicable Law Arbitration Agreement is a critical legal document used when parties wish to establish Malaysia as their chosen jurisdiction for dispute resolution through arbitration. This document is particularly relevant for commercial relationships involving Malaysian entities or international parties who have chosen Malaysian law to govern their arbitration proceedings. The agreement complies with the Malaysian Arbitration Act 2005 and incorporates best practices from international arbitration frameworks. It is commonly used in cross-border transactions, joint ventures, and commercial contracts where parties seek a neutral, efficient dispute resolution mechanism in Malaysia. The document typically includes detailed provisions on the arbitration process, appointment of arbitrators, procedural rules, and enforcement mechanisms, while ensuring alignment with Malaysian legal requirements and international arbitration standards.
Suggested Sections

1. Parties: Identification and details of all parties entering into the arbitration agreement

2. Background: Context and relationship between the parties, including reference to the main contract if this is a separate arbitration agreement

3. Definitions: Key terms used throughout the agreement, including technical and legal terminology

4. Agreement to Arbitrate: Clear statement of parties' agreement to submit disputes to arbitration

5. Scope of Arbitration: Definition of disputes covered by the arbitration agreement

6. Governing Law: Specification of Malaysian law as the governing law of the arbitration agreement

7. Seat of Arbitration: Designation of the legal seat of arbitration within Malaysia

8. Arbitration Rules: Specification of applicable arbitration rules (e.g., AIAC Rules)

9. Appointment of Arbitrators: Process for selecting and appointing arbitrators

10. Language of Arbitration: Specification of the language(s) to be used in proceedings

11. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings

12. Costs: Allocation of arbitration costs and related expenses

13. Final and Binding Nature: Statement on the binding nature of the arbitral award

Optional Sections

1. Emergency Arbitration: Procedures for emergency relief before the constitution of the arbitral tribunal

2. Multi-tier Dispute Resolution: Include when parties want to mandate negotiation or mediation before arbitration

3. Joinder and Consolidation: Include for complex transactions involving multiple parties or related contracts

4. Expert Determination: Include when technical matters may require expert determination before or during arbitration

5. Interim Measures: Include when specific provisions for interim relief are needed

6. Document Preservation: Include when specific requirements for document retention and disclosure are needed

7. Time Limits: Include when specific deadlines for various stages of arbitration are desired

Suggested Schedules

1. Schedule 1: Arbitrator Qualifications: Specific qualifications and requirements for arbitrators

2. Schedule 2: Arbitration Procedures: Detailed procedures for conducting the arbitration

3. Schedule 3: Fee Schedule: Breakdown of arbitration costs and fee structure

4. Appendix A: Notice Requirements: Forms and procedures for serving notices related to arbitration

5. Appendix B: Model Request for Arbitration: Template for initiating arbitration proceedings

6. Appendix C: Time Schedules: Timelines for various stages of the arbitration process

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Teams

Legal

Compliance

Risk Management

Corporate Secretariat

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Relevant Roles

Legal Counsel

Contract Manager

Chief Legal Officer

Corporate Secretary

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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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