The efficacy of arbitration as an effective dispute resolution mechanism depends to a large extent on whether the integrity of the award will be protected by national courts in enforcement and annulment proceedings an treated as a final an binding save in limited circumstances.
The “Enforcement of Arbitral Award in Asia: Theory & Practice” series seeks to provide an overview of the arbitration law in different jurisdictions in Asia, with the focus on the theory and practice of the enforcement of arbitral awards in these jurisdictions. The definition of an “arbitral award” , the grounds for non-enforcement of awards, the grounds for annulment of awards, as well as the national court’s attitude and approach in applying these grounds, will be examined. Some of the practical aspects on strategies that a foreign parties seeking to enforce an award in that jurisdiction should take, as well as identification of assets of an award debtor within these jurisdictions will be discussed.
In the fifth instalment of this 10-part series, we focus on the theory and practice of enforcement of awards in Malaysia.
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