ANNOUNCEMENT
July 03, 2014
The Legal Profession (Amendment) Act 2013
PRESS STATEMENT
The Legal Profession (Amendment) Act 2013
The KLRCA is pleased to inform that the amendments to the Legal Profession Act
1976 (“the Act”) has come into force on the 3rd June 2014.
The Legal Profession (Amendment) Act 2013 has introduced a new subsection as follows:
“37A.
(1) Sections 36 and 37 shall not apply to –
(a) any arbitrator lawfully acting in any arbitral proceedings ;
(b) any person representing any party in arbitral proceedings; or
(c) any person giving advice, preparing documents and rendering any other assistance in relation to or arising out of arbitral proceedings except for court proceedings arising out of arbitral proceedings.
(2) In this section, “arbitral proceedings” means proceedings in an arbitration which is governed by the Arbitration Act 2005 [Act 646] or would have been governed by such Act had the seat of arbitration been Malaysia.”
It is now provided that foreign arbitrators and foreign lawyers are now allowed to enter into Malaysia to participate in arbitral proceedings and are exempted from the “fly-in fly-out” prohibition in the other parts of the Legal Profession (Amendment) Act 2013.
As such, foreign arbitrators and foreign lawyers are not be subject to the restriction of
60 days nor require immigration approval by way of a work permit to enter into
Malaysia to conduct arbitral proceedings.
The KLRCA is pleased with the lifting of the “fly in fly out” prohibition for arbitral proceedings as this is in line with the Government’s commitment to the growth of arbitration in Malaysia.
Parties will now have access to the legal service provider or representative of their choice from anywhere in the world, who will be able to enter into Malaysia to advise and to carry on any work related to arbitration.
KLRCA welcomes the liberalisation of the legal market by the Government and will present opportunities for the continued growth, improvement and progression of arbitration and the arbitral community in Malaysia.
In a related matter, KLRCA will be relocating soon to its new premises at the refurbished Sulaiman Building. The building will house state-of-the-art facilities with 19 hearing rooms, 22 breakout rooms, a business centre, a specialised ADR and construction law library, dining areas and an auditorium. It is strategically located, being just minutes away from the city’s largest transit hub, a national railway station, flanked by 5-star hotels and is also near national heritage sites like the National Mosque and the Islamic Museum.
Dated 3rd day of July, 2014.
Professor Datuk Sundra Rajoo
Director of KLRCA