An Arbitration Submission Agreement is a crucial document used when parties have an existing dispute they wish to resolve through arbitration, rather than through court litigation. This agreement, governed by Malaysian law, particularly the Arbitration Act 2005, provides a comprehensive framework for arbitrating disputes in Malaysia or with Malaysian parties. Unlike arbitration clauses in commercial contracts that deal with future disputes, this submission agreement is drafted and executed after a dispute has already arisen. It must clearly define the scope of the dispute, the arbitration process, and comply with both Malaysian legal requirements and international arbitration standards. The agreement typically includes detailed provisions about the arbitration procedure, appointment of arbitrators, and specific aspects of the dispute, while ensuring enforceability under both Malaysian law and international conventions like the New York Convention.
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1. Parties: Identification of all parties to the arbitration agreement
2. Background: Context of the dispute and the parties' agreement to submit to arbitration
3. Definitions: Key terms used throughout the agreement
4. Submission to Arbitration: Express agreement to submit the dispute to arbitration and waiver of right to litigate
5. Scope of Arbitration: Detailed description of the matters submitted to arbitration
6. Appointment of Arbitrators: Process for selecting arbitrators, including number of arbitrators and qualification requirements
7. Place of Arbitration: Specification of the seat of arbitration and venue for hearings
8. Language of Arbitration: Official language(s) for the proceedings and documents
9. Applicable Law: Laws governing the substance of the dispute and the arbitration procedure
10. Arbitration Rules: Specification of which institutional or ad hoc arbitration rules will apply
11. Costs: Provisions regarding allocation of arbitration costs and legal fees
12. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings
13. Final and Binding Nature: Confirmation that the award will be final and binding
14. Execution: Signature blocks and execution provisions
1. Interim Measures: Provisions regarding the arbitral tribunal's power to grant interim relief
2. Document Disclosure: Specific rules for document production and disclosure if different from institutional rules
3. Multi-party Provisions: Special provisions for cases involving multiple parties
4. Expert Determination: Provisions for appointment and role of expert witnesses
5. Time Limits: Specific deadlines for various stages of the arbitration
6. Appeals: Any agreed mechanisms for appealing the award
7. Settlement: Provisions for recording any settlement as a consent award
8. Severability: Provisions ensuring validity of remainder if parts are found invalid
1. Schedule 1 - Dispute Description: Detailed description of the dispute including relevant facts and claims
2. Schedule 2 - Arbitrator Requirements: Detailed qualifications and requirements for arbitrators
3. Schedule 3 - Procedural Timeline: Proposed timeline for the conduct of the arbitration
4. Schedule 4 - Documents: List of key documents relevant to the dispute
5. Schedule 5 - Special Procedures: Any agreed special procedures for the arbitration
6. Appendix A - Related Agreements: Copies of relevant contracts or agreements related to the dispute
7. Appendix B - Powers of Attorney: If applicable, powers of attorney for party representatives
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