Law of Arbitration

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Parties can also formulate adhoc agreement immediatelypreceding the arbitrationproceeding.Withoutarb. . agreement inwriting, parties are unable toclaim protection afforded by theAct.eg: : S. 36(1), 38
Incorporation of Arbitration Clause byReference An arbitration clause may be incorporated by areference to a standard form of contract or theparticular term of another contract in which the clauseis set out, even without express reference to the clause,is established by a long line of cases. The parties intended the arbitration clause to apply. Eg. . Shipping: the terms of charter party may beincorporated into the bills of lading issued by thecharterer on behalf of the shipowner. Eg. . Construction: the terms of main contract may beincorporated into the subcontracts.
Page 1 and 2: Law of ArbitrationDR. ZULKIFLI HASA
Page 3 and 4: Reference to Arbitrationi) Arbitrat
Page 5 and 6: What constitutes Arbitration? Musti
Page 7 and 8: Arbitration v Litigation 1. Consens
Page 10 and 11: Ad hoc arbitration Agreed to and ar
Page 12 and 13: Statutory Arbitration A creature of
Page 14 and 15: Flip-flop Arbitration Pendulum arbi
Page 16 and 17: Court of Judicature Act 1964 S 24 C
Page 18 and 19: International ArbitrationInternatio
Page 20 and 21: Domestic ArbitrationPart I:Internat
Page 22 and 23: Arbitration Agreement Where parties
Page 24 and 25: TYPES OF ARBITRATIONAGREEMENTFuture
Page 26 and 27: ARBITRATION AGREEMENT No specific w
Page 28 and 29: ROLE OF ARBITRATIONAGREEMENTi. It c
Page 30 and 31: Additional Content Vi. How and by w
Page 32 and 33: 1.2 In the event that no amicablese
Page 34 and 35: SAMPLE 2For the case of any dispute
Page 36 and 37: SAMPLE 4All disputes, differences o
Page 38 and 39: WRITING? Section 9(3), 9(4) and 9(5
Page 42 and 43: 5 Requirements Arbitration clause c
Page 44: SIGNATURE? No requirement of signat

Law of Arbitration

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