Pursuant to Section 11(1) of the Arbitration Act 2005, the High

Court may, on an application by a party, grant any interim measure

including attachment and injunction orders before or during arbitral

proceedings. The powers of the High Court under Section 11 apply to

both domestic and international arbitration, including international

arbitration where the seat is outside Malaysia (Section 11(3)). For the

purpose of an application under section 11 of the Arbitration Act 2005, if

an arbitral tribunal has already ruled on any matter which is relevant to

the application, the High Court has to treat the findings of fact made by

the arbitral tribunal as conclusive in its determination of the application

(Section 11(2)).

 

 

Section 11(1) of the Arbitration Act 2005 empowers the High Court

to grant any interim measures including, (a) security for costs; (b)

discovery of documents and interrogatories; (c) giving of evidence by

affidavit; (d) appointment of a receiver; (e) securing the amount in

dispute; (f) the preservation, interim custody or sale of any property

which is the subject-matter of the dispute; (g) ensuring that any award

which may be made in the arbitral proceedings is not rendered

ineffectual by the dissipation of assets by a party; and (h) an interim

injunction or any other interim measure.

 

Section 11(e) of The Arbitration (Amendment) Act 2011 provides

that the power of the High Court to make an interim order “securing the