Arbitration agreement in subcontract: incorporation by reference

Contracting parties in all industries often employ the Incorporation By Reference (IBR) practice and use arbitration as the method to resolve their disputes. However, these practices are not without issues. There are arguments for and against them. The most disputed subject is when an arbitration cl...

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Main Author:	Seliman, Mohamad Syahmi
Format:	Thesis
Language:	English
Published:	2016
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/60732/1/MohamadSyahmiSelimanMFAB2016.pdf
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id	my-utm-ep.60732
record_format	uketd_dc
spelling	my-utm-ep.607322017-10-08T07:31:34Z Arbitration agreement in subcontract: incorporation by reference 2016-09 Seliman, Mohamad Syahmi TH Building construction Contracting parties in all industries often employ the Incorporation By Reference (IBR) practice and use arbitration as the method to resolve their disputes. However, these practices are not without issues. There are arguments for and against them. The most disputed subject is when an arbitration clause is incorporated by reference from one contract to another. In Malaysia, the ruling is that a general statement of incorporation is enough to signify intent of Incorporation by Reference of an arbitration clause. To examine further on the issue, this qualitative study presents a critical analysis of 15 legal cases in Malaysia so as to identify the IBR principles practiced that affect the jurisdiction, whether to accept or reject the case. The law cases were primary sources reported in Malayan Law Journal (MLJ) which were retrieve from online the database of LexisNexis legal search engine. The method employed was legal research methodology that focused on descriptive analysis of law in lifting out the facts and judges’ scrutiny of the cases. The findings showed that in Malaysia, under the Arbitration Act 2005, there are three significant IBR principles being exercised by judges namely document need to be clearly identified, document clearly drafted and document need to be accessible. Based on the findings, it is hoped that before venturing into any contract, the parties involved will have clearer picture on what to do and what precautions to be taken against risks of dispute. 2016-09 Thesis http://eprints.utm.my/id/eprint/60732/ http://eprints.utm.my/id/eprint/60732/1/MohamadSyahmiSelimanMFAB2016.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:94045 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 Seliman, Mohamad Syahmi Arbitration agreement in subcontract: incorporation by reference
description	Contracting parties in all industries often employ the Incorporation By Reference (IBR) practice and use arbitration as the method to resolve their disputes. However, these practices are not without issues. There are arguments for and against them. The most disputed subject is when an arbitration clause is incorporated by reference from one contract to another. In Malaysia, the ruling is that a general statement of incorporation is enough to signify intent of Incorporation by Reference of an arbitration clause. To examine further on the issue, this qualitative study presents a critical analysis of 15 legal cases in Malaysia so as to identify the IBR principles practiced that affect the jurisdiction, whether to accept or reject the case. The law cases were primary sources reported in Malayan Law Journal (MLJ) which were retrieve from online the database of LexisNexis legal search engine. The method employed was legal research methodology that focused on descriptive analysis of law in lifting out the facts and judges’ scrutiny of the cases. The findings showed that in Malaysia, under the Arbitration Act 2005, there are three significant IBR principles being exercised by judges namely document need to be clearly identified, document clearly drafted and document need to be accessible. Based on the findings, it is hoped that before venturing into any contract, the parties involved will have clearer picture on what to do and what precautions to be taken against risks of dispute.
format	Thesis
qualification_level	Master's degree
author	Seliman, Mohamad Syahmi
author_facet	Seliman, Mohamad Syahmi
author_sort	Seliman, Mohamad Syahmi
title	Arbitration agreement in subcontract: incorporation by reference
title_short	Arbitration agreement in subcontract: incorporation by reference
title_full	Arbitration agreement in subcontract: incorporation by reference
title_fullStr	Arbitration agreement in subcontract: incorporation by reference
title_full_unstemmed	Arbitration agreement in subcontract: incorporation by reference
title_sort	arbitration agreement in subcontract: incorporation by reference
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2016
url	http://eprints.utm.my/id/eprint/60732/1/MohamadSyahmiSelimanMFAB2016.pdf
_version_	1747817770226024448

Arbitration agreement in subcontract: incorporation by reference

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