Factors Of Arbitration In Malaysia

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PARTIES INVOLVED In Arbitration, the main parties involved are arbitrator that act as a third party and other various parties which can be either between client and contractor, client and sub-contractor and etc. Arbitrator Arbitrator is the ‘middle man’ that act as a judge in the arbitration process. An arbitrator can be appointed either by the parties themselves, by an independent third party, or by the Court. He will be judging the whole process of arbitration in resolving the disputes arises between the parties. Arbitrator must be qualified and must not have any interests in the dispute referred to him and must be free from bias from either of the parties throughout the arbitration process. The appointment of the arbitrator should be in…show more content…
Secondly, the technical content of disputes, leading to the use of arbitrators skilled in technical disciplines and thirdly, the need in many disputes for the arbitrator be empowered to open up, review and revise decisions or certificates, arising from the architect’s or engineer’s judgement in administering the building contract. Disputes are the factors which are brought for resolution in arbitration which is equally applicable in Malaysia. Disputes in the context of building contract means “the disagreement between employer (or the architect, engineer or superintending officer) and the contractor on matters concerned the building contract which they have entered into as the employer and contractor. Example of the disputes which may result in the application of arbitration is as follows : 1. Among the disputes caused by the determination of the agreement are as follows…show more content…
It act as a means of resolving disputes which consists of a well-defined and generally well-understood structure that enables it to gain recognition as occupying its very definite place in the arena of dispute resolution “industry”. It is also a method of settling disputes in a flexible fashion but with regards to certain defined principles and procedures. Among the significance that can be found in the arbitral proceeding is that arbitration allows the parties to choose their own tribunal. This is very convenient as when the subject matter of the dispute is highly technical, the arbitrators with an appropriate degree of expertise (for example, quantity surveying expertise, in the case of a construction dispute, or expertise in commercial property law, in the case of a real estate dispute and etc.) can be chosen. The process of the arbitration itself is much faster than litigation in
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