International arbitration in Malaysia continues to be governed by the Arbitration Act 2005 (Act 646) (“Arbitration Act”). No legislative amendment was made in 2014.
A.2 Trends and Tendencies
The Legal Profession Act 1976 prohibits persons not licensed to practice law from doing any act which is customarily the function or responsibility of an advocate and solicitor in Malaysia. The statute was recently amended to expressly exclude the application of such provisions to foreign arbitrators, any person representing any party in arbitral proceedings, or any person giving advice, preparing documents and rendering any other assistance arising out of arbitral proceedings in Malaysia. The amendment, which came into force on June 3, 2014,3 has paved the way for foreign arbitration practitioners to establish a physical presence in Malaysia, adding a further positive dimension to the arbitration landscape in Malaysia.