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15 IIUMLJ 149 (2007)
The Arbitration Act 2005: UNCITRAL Model Law as Applied in Malaysia

handle is hein.journals/iiumlj15 and id is 149 raw text is: (2007) 15 IIUMLJ 149 BOOK REVIEW Sundra Rajoo & WSW Davidson (2007), The Arbitration Act 2005: UNCITRAL Model Law as Applied in Malaysia (Thomson: Sweet & Maxwell Asia, Malaysia), pp. 293+xxxiv, ISBN-13: 978- 983-2631-81-1 Sundra Rajoo & 'Bill' Davidson's book is a section by section brief commentary on the Arbitration Act 2005 (herein after referred to as 2005 Act) of Malaysia. Ordinarily, brief commentaries on a statute do not attract much academic interest. However, the book under review is an exception for two reasons: first, it is the first, and till now the only, book on the 2005 Act, which came into force on March 15, 2006; secondly, it is written by two of the most senior and well-known arbitrators of Malaysia who helped to draft the 2005 Act as members of the ad hoc committee set up by the Malaysian Bar Council to formulate a draft of the new Act. This enabled them to gain a deeper than usual insight into and understanding of each and every of 51 sections of the 2005 Act. This expertise they have used in writing this book and made it worthy of attention. Arbitration is said to be as old as the human society itself. Phoenician traders used it, so also Romans, Greeks and Muslims. Historically it was based on customary trade practices and traditions, un-regulated by law or courts. The (English) Arbitration Act 1697 carries the dubious distinction of being the first enactment that brought legal intervention to the otherwise private proceeding. The principle of 'party autonomy' was further eroded by the (English) Arbitration Act 1889 (as amended in 1934) and the Arbitration Act 1950 (as amended in 1979) and then the wholesale revision of the law through the Arbitration Act 1995, which reflect the traces of the United Nations Commission on International Trade Law (UNICITRAL) Model Law.

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