Malaysia Court of Appeal finds issue of limitation periods to be governed by law of the seat of arbitration

30 May 2023

Hindustan Oil Exploration Company Limited v Hardy Exploration & Production (India) Inc W-02(NCC)(A)-336-02/2022

The Malaysia Court of Appeal in Hindustan Oil Exploration Company Limited v Hardy Exploration & Production (India) Inc considered the applicable law for determining limitation periods in an arbitration where Indian law governed the agreement between the parties and Malaysia was the seat of the arbitration.

The court held that determining limitation periods is a procedural rather than a substantive issue. The proper law to be applied would therefore be the law of the seat of arbitration.

This article by our associate firm in Malaysia, Rahmat Lim & Partners, provides an overview of the court’s decision. To read the full article on the Rahmat Lim & Partners’ website, please click here.