Awards and Recognition
We are proud to be nominated as the top finalists of "Litigation Law Firm of the Year", "Dispute Resolution Boutique Law Firm of the Year", "Regional Litigation of the Year"and "Malaysia Law Firm of the Year" by ALB (Asian Legal Business) Law Awards 2017, 2018 and 2019 for Malaysia and South East Asia.
Foreign Judgments & Arbitral Awards in Malaysia
Recognition, Enforcement & Resistance
Low & Partners provides comprehensive legal support in the recognition and enforcement of foreign judgments and arbitral awards in Malaysia. We represent both parties seeking enforcement and those resisting enforcement, from the initial assessment through court proceedings and subsequent recovery measures.
Our practice covers foreign judgment registration under the Reciprocal Enforcement of Judgments Act 1958 (REJA), common law enforcement actions, and recognition and enforcement of arbitral awards under the Arbitration Act 2005. We also assess enforcement routes involving foreign court judgments relating to arbitral awards.
These matters may arise from commercial contracts, international trade, construction projects, loans, guarantees, shipping transactions and other cross-border disputes. We assess the appropriate legal route alongside the procedural requirements, potential objections and practical prospects of recovery.
Effective handling requires careful consideration of the judgment or award, the underlying proceedings and the supporting evidence. Our team examines issues including jurisdiction, proper service, procedural fairness, finality, enforceability and public policy. For arbitral awards, we also consider the validity of the arbitration agreement, the tribunal’s authority and any relevant challenge or suspension at the seat of arbitration.
Whether pursuing recovery or responding to an enforcement application, we develop a strategy tailored to the client’s legal and commercial position. Where related proceedings are taking place overseas, we coordinate with foreign counsel where necessary.
Our Foreign Judgment & Arbitral Award Services Include:
- Registration and enforcement of eligible foreign judgments under REJA.
- Common law actions to enforce foreign judgments.
- Recognition and enforcement of arbitral awards under the Arbitration Act 2005.
- Assessment of enforcement routes involving foreign judgments relating to arbitral awards.
- Representation in resisting enforcement and contested court applications.
- Advice on jurisdictional, procedural and evidential issues.
- Preparation and management of applications, affidavits and supporting documents.
- Advice and representation in subsequent enforcement measures and recovery proceedings.
A Practical Approach to Cross-Border Enforcement
Our approach considers both the legal requirements and the commercial objectives of each matter. For parties seeking enforcement, this includes assessing available asset information, potential challenges and the steps needed to pursue recovery. For parties resisting enforcement, we identify the available legal objections and prepare the appropriate response.
We guide clients through each stage, with clear advice on their options, procedural requirements and the factors that may affect the outcome.
Frequently Asked Questions (FAQ)
Yes. We review the judgment and advise on the appropriate enforcement route, including registration under REJA or a common law action where applicable. Our assistance extends to contested proceedings and subsequent recovery measures.
Yes. We handle applications for recognition and enforcement under the Arbitration Act 2005, including reviewing the award, preparing supporting documents and representing clients where enforcement is opposed.
Yes. We act for both parties seeking enforcement and parties opposing it. For parties resisting enforcement, we assess the available legal grounds and prepare the appropriate response based on the documents and procedural history.
Yes. We review the foreign judgment and underlying award to assess the available enforcement routes in Malaysia and address any related legal or procedural issues.
We assist with judgments and awards arising from commercial contracts, international trade, construction projects, loans, guarantees, shipping transactions and other cross-border business disputes.
Yes. Where necessary, we work with foreign counsel to obtain relevant documents, understand the status of overseas proceedings and coordinate the Malaysian enforcement strategy.
Yes. Our services include advice and representation on subsequent enforcement measures, taking into account available asset information and the circumstances of the debtor. Actual recovery depends on the assets available and other relevant factors.
Please provide the judgment or arbitral award, relevant agreements, court documents and details of any appeal or challenge. If you have received an enforcement application, include the documents served and any hearing dates or response deadlines. You may contact us before all documents are available.
These matters require a separate assessment under the relevant family laws. Please contact us with a copy of the foreign court order and details of your circumstances so that we can assess your matter and advise you on the appropriate next steps.
Related Solutions
Malaysia Dispute Resolution & Litigation
Pre-Court Strategic Analysis
Debt Recovery/ Fraud
Corporate & Commercial Disputes
Employment Law
Defamation
Construction Arbitration & Adjudication
Bankruptcy & Insolvency
Accident & Medical Negligence
Property Disputes
Consumer Protection
Contact Us
If you wish to enforce a foreign judgment or arbitral award in Malaysia, or require representation in responding to enforcement proceedings, please contact Low & Partners.
Our team can review the relevant judgment or award, supporting documents and procedural history to advise on the appropriate strategy for your matter.