Dispute resolution—Malaysia—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Dispute resolution—Malaysia—Q&A guide
  • 1. What is the structure of the civil court system?
  • 2. What is the role of the judge and the jury in civil proceedings?
  • 3. What are the time limits for bringing civil claims?
  • 4. Are there any pre-action considerations the parties should take into account?
  • 5. How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have the capacity to handle their caseload?
  • 6. What is the typical procedure and timetable for a civil claim?
  • 7. Can the parties control the procedure and the timetable?
  • 8. Is there a duty to preserve documents and other evidence pending trial? Must parties share relevant documents (including those unhelpful to their case)?
  • 9. Are any documents privileged? Would advice from an in-house lawyer (whether local or foreign) also be privileged?
  • More...

Dispute resolution—Malaysia—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to dispute resolution in Malaysia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2022).

Authors: SKRINE—Sharon Chong Tze Ying; Janice Ooi Huey Peng; Muhammad Suhaib Bin Mohamed Ibrahim

1. What is the structure of the civil court system?

The civil courts in Malaysia are divided into the superior courts (governed by the Courts of Judicature Act 1964) and the subordinate courts (governed by the Subordinate Courts Act 1948). The superior courts comprise three courts with different jurisdiction: the Federal Court, the Court of Appeal and the high courts. The subordinate courts consist of the sessions courts and the magistrates courts.

As of 24 April 2020, the Federal Court bench comprises 11 judges, namely the chief justice of the Federal Court, the president of the Court of Appeal, two chief judges of the high courts and seven Federal Court judges. The court of appeal bench has 24 judges, namely the president of the Court of Appeal and 23 Court of Appeal judges, and the high court bench has 95 judges, namely the chief judges of the high courts, 66 high court judges and 27 judicial commissioners.

The Federal Court is the apex court in the land and exercises both original and appellate jurisdiction. The Federal Court has original jurisdiction under articles

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