Extension of time in commencement of arbitration proceedings

Arbitration may be defined as a method of settling disputes and differences between two or more parties. The high court has power with respect to the appointment of arbitrator and umpires, revocation of their authority at the instance of the parties to an arbitration agreement or otherwise and to ma...

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Main Author: Mokhtar, Noor Halwani
Format: Thesis
Language:English
Published: 2012
Subjects:
Online Access:http://eprints.utm.my/id/eprint/34614/1/NoorHalwaniMokhtarMFAB2012.pdf
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spelling my-utm-ep.346142018-04-12T05:36:25Z Extension of time in commencement of arbitration proceedings 2012-09 Mokhtar, Noor Halwani TH Building construction Arbitration may be defined as a method of settling disputes and differences between two or more parties. The high court has power with respect to the appointment of arbitrator and umpires, revocation of their authority at the instance of the parties to an arbitration agreement or otherwise and to make consequential orders, to grant an extension of time for making an award by the arbitrator or for the commencement of arbitration proceedings under an arbitration agreement which has a time limit clause. The objective of this study is to identify the circumstances that to the court will give an extension of time for commencing of arbitration proceedings. In this study, the core reason for the court to grant an extension of time for commencement of arbitration proceedings is to relieve the parties if the undue hardship that might be caused by time-limit clauses in the agreement. This research is based on the arbitration cases that was brought to the court. Acquisition of case information is through "Malaysian Law Journal (MLJ)". However, the cases involved are analysed and studied through the requirements needed for extension of time. According to the study, the cases that meet the requirements for an extension of time will be awarded by the court to extend the time for commencing of court proceedings. The requirement for approving extension of time include the length of the delay, the amount at stake, the degree of blameworthiness, the plaintiff misled and the delay no prejudice to defendant. 2012-09 Thesis http://eprints.utm.my/id/eprint/34614/ http://eprints.utm.my/id/eprint/34614/1/NoorHalwaniMokhtarMFAB2012.pdf application/pdf en public masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution Universiti Teknologi Malaysia
collection UTM Institutional Repository
language English
topic TH Building construction
spellingShingle TH Building construction
Mokhtar, Noor Halwani
Extension of time in commencement of arbitration proceedings
description Arbitration may be defined as a method of settling disputes and differences between two or more parties. The high court has power with respect to the appointment of arbitrator and umpires, revocation of their authority at the instance of the parties to an arbitration agreement or otherwise and to make consequential orders, to grant an extension of time for making an award by the arbitrator or for the commencement of arbitration proceedings under an arbitration agreement which has a time limit clause. The objective of this study is to identify the circumstances that to the court will give an extension of time for commencing of arbitration proceedings. In this study, the core reason for the court to grant an extension of time for commencement of arbitration proceedings is to relieve the parties if the undue hardship that might be caused by time-limit clauses in the agreement. This research is based on the arbitration cases that was brought to the court. Acquisition of case information is through "Malaysian Law Journal (MLJ)". However, the cases involved are analysed and studied through the requirements needed for extension of time. According to the study, the cases that meet the requirements for an extension of time will be awarded by the court to extend the time for commencing of court proceedings. The requirement for approving extension of time include the length of the delay, the amount at stake, the degree of blameworthiness, the plaintiff misled and the delay no prejudice to defendant.
format Thesis
qualification_level Master's degree
author Mokhtar, Noor Halwani
author_facet Mokhtar, Noor Halwani
author_sort Mokhtar, Noor Halwani
title Extension of time in commencement of arbitration proceedings
title_short Extension of time in commencement of arbitration proceedings
title_full Extension of time in commencement of arbitration proceedings
title_fullStr Extension of time in commencement of arbitration proceedings
title_full_unstemmed Extension of time in commencement of arbitration proceedings
title_sort extension of time in commencement of arbitration proceedings
granting_institution Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department Faculty of Built Environment
publishDate 2012
url http://eprints.utm.my/id/eprint/34614/1/NoorHalwaniMokhtarMFAB2012.pdf
_version_ 1747816217372000256