Common faults made by arbitrators in the execution of their duties

• Main Author: Ishak, Fauziah
• Format: Thesis
• Language: English
• Published: 2010
• Subjects: K Law (General)
• Online Access: http://eprints.utm.my/id/eprint/33870/5/FauziahIshakMFAB2010.pdf; http://eprints.utm.my/id/eprint/33870/
• Institution: Universiti Teknologi Malaysia

Apart from litigation, arbitration which is governed under Arbitration Act 2005 has becoming very popular and sought by many on resolving the disputes. In fact, the current lifestyle and constraints limited the people to be able to wait longer period to come to a conclusion by way of litigation. This is because litigation has its own formality and procedural for the judgment to be held. It also takes more time for the judges to arrive to a final decision. In tackling and preside the dispute, an arbitrator must be equipped with certain qualifications. An arbitrator must be a professional, skillful and is presumed to have knowledge on the contracting, technicality and arbitration rules and guidelines. Not only that, an arbitrator must ensure that the award is not challenged by the unsatisfied parties. This is done by way of making sure that the award is cogent, certain, complete, just and enforceable. It is a fact however; there are cases on which an award is not accepted by the parties eventhough the common understandings by the parties are to end the existing dispute in the first place. Again, there are several factors that led to this objection which covers arbitrator lack of knowledge, impartial, independent, fraud, bias and not taking into consideration all evidence that is raised. The objective of this research is to determine the values of arbitrator as professional on resolving the issues and conflict. From the analysis and review of cases, it is found that the courts had given its opinion and interpretation with regards to the cases forwarded to them by the dispute parties on arbitrator decision. The professionalism of an arbitrator though is questionable is in reality just meeting the standard of work performance and not exceeding the limit or beyond the expectation.