Joseph & Partners is best known as a leading maritime arbitration law firm. Arbitration has emerged as a key choice of dispute resolution in Malaysia's shipping industry in recent years. In Malaysia, maritime arbitration proceedings are governed by the Arbitration Act 2005 ("the Act") and subsequent amendments. The Act establishes the distinction between domestic and international arbitration.
Malaysia is a state party to the New York Convention, an international treaty with over 140 member nations facilitating a uniform mechanism for the recognition and enforcement of arbitral awards in member states. As per the principles laid down in the 1985 UNCITRAL Model Law on International Commercial Arbitration, the Act represents international consensus on the law and practice of arbitration and provides a special framework for resolving international and domestic disputes. It includes all aspects of the arbitral procedure including the arbitration agreement, the arbitral tribunal’s composition and jurisdiction, the conduct of arbitral proceedings, the residual power and degree of court interference, the recourse to acknowledgement and compliance of an award. Unless it goes against public policy, arbitration can determine any subject matter. Our activity has come to focus more and more on arbitration related matters to resolve maritime and shipping issues under LCIA, LMAA, SCMA, SIAC, AIAC and various other institutional and ad hoc arbitration auspices.
If you have a matter to discuss related to maritime arbitration, kindly get in touch with us.