Jurisdiction(s):
United Kingdom

Malaysian Federal Court: REJA 1958 and Arbitration Act are separate enforcement routes; limited merger doctrine and minimal curial review constrain fraud-based jurisdictional challenges

Published on: 16 December 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

What are the practical implications of this case?

Creditors across Commonwealth systems—especially in the UK—may now opt, with assurance, for either of two distinct routes: enforcing an arbitral award directly under the AA (ss 38–39) or registering a court confirmation of the award under the REJA 1958. Selecting the REJA 1958 pathway does not widen the avenues of attack when compared with the AA: section 5 sets out six grounds that replicate Article V defences under the New York Convention, whilst sidestepping the full AA ss 37–39 machinery. For litigators, an application under the REJA 1958 will not engage the AA’s complete review regime; it proceeds on its statutory footing. Courts will not import AA provisions into REJA 1958 proceedings. Section 5’s six defences remain the sole bases to set aside, yet they can extend to scrutiny of the underlying arbitral award, and not merely the confirmation judgment itself. A ‘limited‑scope merger’ principle applies: the award merges with the confirmation judgment only at the seat, not abroad, thereby keeping both enforcement avenues open overseas execution...

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