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PRACTICE NOTES
Arbitral Tribunal’s jurisdiction Separability The Arbitral Tribunal can rule on its own jurisdiction, including any objections to the existence or validity of the arbitration agreement. In so doing, it will consider the following principles (Rule 26.1): • an arbitration agreement which is part of a contract is separable from the other terms of the contract; and • a decision that the contract is null and void will not automatically invalidate the arbitration agreement Jurisdictional challenge A party may raise a jurisdictional challenge even if it nominated the challenged arbitrator or requested the President of the AIAC Court to appoint or confirm the Arbitral Tribunal (Rule 26.4). The jurisdictional challenge can take two forms: • an allegation that the Arbitral Tribunal does not have jurisdiction; and • an allegation that the Arbitral Tribunal is acting beyond the scope of its authority Any allegation that the Arbitral Tribunal does not have jurisdiction must be raised no later than in (Rule 26.3): • the statement of defence; • where a counterclaim has
NEWS
The Asian International Arbitration Centre (AIAC) has announced a four-day sports arbitration training course, delivered in partnership with the SOAS Arbitration and Dispute Resolution Centre (SADRC), SOAS University of London. The course will take place on 9–12 September 2025 at Bangunan Sulaiman, AIAC, Kuala Lumpur. Participants will explore international sports law, global and Malaysian arbitration procedures and the role of internal judicial bodies and the Court of Arbitration for Sport (CAS). An early registration fee is available until 22 August 2025.
NEWS
The Asian International Arbitration Centre (AIAC) has announced that Asia ADR Week 2025 will take place from 7–11 October 2025 at the AIAC Auditorium, with early bird rates available until 20 September 2025.
NEWS
The Asian International Arbitration Centre (AIAC) has published an announcement on key legislative amendments to the Arbitration Act 2005 and the Construction Industry Payment and Adjudication Act 2012 in Malaysia. AIAC has noted that the amendments are in line with the goals of the Supplementary Agreement to the Host Country Agreement between the Government of Malaysia and the Asian-African Legal Consultative Organisation formalised on 20 February 2024, as well as ongoing reforms at AIAC.
NEWS
The Asian International Arbitration Centre (AIAC) has announced the launch of the AIAC Court of Arbitration and confirmed the appointment of its president and members. The newly established court is intended to further AIAC’s mandate of providing neutral, independent and efficient alternative dispute resolution (ADR) services. It is composed of a panel with domestic and international ADR experience, whose expertise is expected to strengthen AIAC’s institutional standing and support the effective functioning of the court.
NEWS
The Asian International Arbitration Centre (AIAC) has announced the appointment of Dato' Mary Lim Thiam Suan as President of the AIAC Court of Arbitration, with effect from 1 January 2026. In this role, Dato' Mary will be responsible for overseeing transparency, integrity and accountability across the AIAC's alternative dispute resolution administration and case management processes.
NEWS
The Asian International Arbitration Centre (AIAC) has launched its 2026 Suite of Rules during Asia ADR Week 2025, with the new rules coming into force on 1 January 2026. The launch coincides with the enforcement of the Arbitration (Amendment) Act 2024 and the Construction Industry Payment and Adjudication (Amendment) Act 2024. The 2026 Suite introduces an integrated framework covering arbitration, mediation, adjudication, Islamic arbitration, sports arbitration and domain name dispute resolution. Central to the reform is the establishment of the AIAC Court of Arbitration, designed to reinforce institutional independence and set new regional benchmarks for best practice.
NEWS
The Asian International Arbitration Centre (AIAC) has published its 2024 annual report, setting out institutional reform initiatives, including governance and structural developments, key leadership appointments and foundational measures intended to strengthen its position as an international arbitral institution. The report notes an increase in caseloads, ongoing capacity-building programmes and continued engagement and partnerships with regional and international stakeholders. AIAC has indicated that further developments will be covered in its 2025 annual report.
NEWS
The Asian International Arbitration Centre (AIAC) has published the Protocol for the Administration of Arbitrations pursuant to the UNCITRAL Arbitration Rules, which came into effect on 1 January 2026. The Protocol applies to arbitrations where the parties and or the arbitral tribunal have agreed that the proceedings will administered by the AIAC under the UNCITRAL Arbitration Rules. By adopting the Protocol, parties will be deemed to accept the AIAC as the designated appointing and administering authority for the arbitration.
NEWS
The Asian International Arbitration Centre (AIAC) has announced that it will host the Insurance Arbitration Forum 2026 in collaboration with the ARIAS Asia. The event titled ‘Integrating Expertise and Dispute Resolution: Insurance Arbitration in Focus’ will be held on 31 March 2026 at the AIAC Auditorium, Bangunan Sulaiman, Kuala Lumpur, with virtual attendance available via Zoom. The forum will focus on the Malaysian insurance arbitration landscape as well as the broader international context. The programme will comprise two sessions featuring expert panellists who will: (1) discuss the commercial viability of arbitration as a dispute resolution pathway for insurance-related disputes; (2) address the fundamentals of insurance arbitration and (3) explore key elements and practical challenges in drafting insurance arbitration agreements.
NEWS
The Artificial Intelligence Board (AIB) and Medical Device Coordination Group (MDCG) have published joint guidance (AIB 2025-1/MDCG 2025-6) clarifying the interaction between Regulation (EU) 2017/745 (Medical Devices Regulation (MDR)), Regulation (EU) 2017/746 (In vitro Diagnostic Medical Devices Regulation (IVDR)) and EU Artificial Intelligence Act (EU AI Act). The guidance establishes classification criteria for high-risk Medical Device Artificial Intelligence (MDAI), conformity assessment procedures, and requirements for data governance, human oversight and transparency. It outlines when MDAI systems require third-party conformity assessment and details post-market monitoring obligations. The document also clarifies substantial modification requirements and implementation timelines, with key provisions taking effect from 2 August 2027.
GLOSSARY
Alternative / Emergency Indication Centre