Judicial interpretations on abritrator's misconduct

• Main Author: Wong, Kok Hoa
• Format: Thesis
• Language: English
• Published: 2010
• Subjects: K Law (General)
• Online Access: http://eprints.utm.my/id/eprint/36273/5/WongKokHoaMFAB2010.pdf; http://eprints.utm.my/id/eprint/36273/; http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:70374?site_name=Restricted Repository

Arbitration is a method of private, binding and enforceable dispute resolution. A neutral third party called arbitrator renders an award after hearing testimony and argument from each party. Therefore, the qualification of the arbitrator is important to render a valid award. Under the Arbitration Act 1952, there are circumstances that can cause award to be set aside. The Arbitration Act 1952 had clearly expressed that arbitral award may be set aside when the arbitrator has misconducted himself or the proceedings. However, the Act does not provide any definition on the meaning of arbitrator?s misconduct. Hence, this research intends to identify the judicial interpretations of arbitrator?s misconduct in arbitration proceedings. This research was carried out mainly through documentary analysis of relevant case reported in law journals. The analysis showed that there were five main judicial interpretations on arbitrator?s misconduct which included breach of the rules of natural justice, failure to consider all matters referred to by the parties, ignored the condition in the contract, bias, and contravention of the rules of evidence. There are many interpretations on arbitrator?s misconduct in arbitration proceedings. Most of the cases interpreted arbitrator?s misconduct more to his wrongful behaviour, action and the way he conduct the proceedings. Therefore, there is absolutely no easy answer. The arbitrator would be wise to remember that they must always conduct the proceeding in a proper manner.