Is there a need to present a petition to the Malay rulers seeking the protection of sovereign rights?
It was heartening to note recent media reports quoting law and institutional reform minister Azalina Othman Said as saying that the Sulu claim “will end when the arbitration award is annulled”.
I have long had an interest in arbitration, culminating in myof the “University cum Court Annexed Arbitration”. If the Panchayat decision – which will be delivered on the same day – is not followed by the losing party, the villagers will disassociate themselves from the loser and his family. They will also be denied access to common facilities such as the community’s well, cemetery and place of worship.
In very much the same way, a decision which satisfies the requirements set out in the NYC 1958 can be enforced in more than 170 signatory countries to the convention. This is provided the courts of the state where the enforcement is sought are satisfied that the award is good in law and can be enforced against any asset held in that country by the losing party.
Thus, both international and domestic arbitration have been simplified by the NYC 1958 read with the UNCITRAL Model Law 1985, which has now been adopted in many countries.
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