Enforcing Foreign Arbitral Awards and Judgments in Malaysia: Translation Rules
Short answer: To enforce a foreign arbitral award in Malaysia, the applicant files the award and the arbitration agreement with the High Court. If either is not in Malay or English, section 38(3) of the Arbitration Act 2005 says the applicant "shall supply a duly certified translation of the award or agreement in the English language". Order 69 of the Rules of Court 2012 adds that the translation must be certified by a sworn translator, an official, or a diplomatic or consular agent of the country where the award was made. A foreign judgment registered under the Reciprocal Enforcement of Judgments Act 1958 needs an English translation "certified by a notary public or authenticated by affidavit" (Order 67). Judgments from countries outside that Act, including China, Japan, Korea and Indonesia, must be sued on in a fresh action, and the judgment and its translation must be proved under the Evidence Act 1950.
What we do: certified English translations of foreign arbitral awards, arbitration agreements, judgments and exhibits from Chinese, Japanese, Korean, Indonesian, Thai, Vietnamese, Arabic and European languages, with a translator's certificate or affidavit and notarisation in-house. Our team is certified by ITBM, DBP and the Malaysian Translators Association, includes Kuala Lumpur and Sarawak High Court interpreters and NAATI-certified translators, and works with Notaries Public in Malaysia, Singapore and Australia. Send the award or judgment on WhatsApp for a quote and timeline.
Last reviewed: October 2026. For the general rules on court translations, see the High Court translation guide.
Foreign arbitral awards: what the High Court needs
The award: "the duly authenticated original award or a duly certified copy of the award" (section 38(2)).
The arbitration agreement: "the original arbitration agreement or a duly certified copy" (section 38(2)). This is where applicants slip: the contract containing the arbitration clause needs the same care as the award.
English translations of the award and the agreement if they are not in Malay or English (section 38(3)), certified as Order 69 requires.
An originating summons under Order 69 rule 8, which may be filed ex parte.
Time limit: section 6(1)(c) of the Limitation Act 1953 allows "actions to enforce an award" within six years.
Malaysia acceded to the New York Convention on 5 November 1985, with effect from 3 February 1986, with reciprocity and commercial reservations, so the award must come from another Convention state. Law-firm reports say the Arbitration (Amendment) Act 2024 came into force on 1 January 2026 and makes foreign awards "automatically recognised as binding"; the document and translation requirements still apply.
A 2025 warning from Penang
In Foshan City Shunde District Bonke Kitchen & Sanitary Industrial Co Ltd v Lim Kian Aik (High Court, Penang), the award came from an arbitration in China. The underlying agreements were filed in Chinese "with an uncertified English translation". The court found the applicant had not complied with sections 38(2)(b) and 38(3), and on 19 March 2025 declared the August 2024 enforcement order "null and void". The award itself was not the problem; the translation of the agreement was.
Foreign court judgments
Countries under the Reciprocal Enforcement of Judgments Act 1958 (First Schedule): the United Kingdom, Hong Kong SAR, Singapore, New Zealand, Sri Lanka, India (with some excluded areas) and Brunei. The creditor may apply "at any time within six years after the date of the judgment" (section 4(1)).
Translation for registration: Order 67 rule 3 requires the judgment to be exhibited and, "where the judgment is not in the English language, a translation thereof in that language certified by a notary public or authenticated by affidavit".
All other countries (China, Taiwan, Japan, Korea, Indonesia, Thailand, Vietnam, the UAE and others): "A fresh action will have to be commenced in court for the enforcement of such foreign judgement." The foreign judgment becomes evidence, and must be proved.
Two recent cases show what happens when the translation is weak. In Pembinaan SPK v Conaire (Federal Court, 2023), the Abu Dhabi judgment was in Arabic; "the accuracy of the translations was however vigorously challenged" and "none of the translations had the original copy of the Abu Dhabi Judgment attached". The claim failed. In Mah Sau Cheong v Wee Len (High Court, Kuala Lumpur, 22 March 2023), Shanghai judgments were refused because the copies and translations did not comply with sections 78(1)(f) or 86 of the Evidence Act.
Arbitrations seated in Malaysia
Under the AIAC Arbitration Rules 2026, which took effect on 1 January 2026, "Where the language of the arbitration has not been agreed to by the Parties, the language shall be English", and a party "may be ordered to submit a translation" of documents in other languages (Rule 30). Exhibits in Chinese, Japanese or Bahasa Indonesia are routine in construction and supply disputes, and tribunals expect translations that will survive cross-examination.
What a court-ready translation should include
The whole document, including seals, stamps, signatures, handwritten notes and the arbitral institution's cover pages.
The original attached to the translation, page for page, so the court can match them. The Pembinaan SPK translations failed partly on this point.
A translator's certificate stating the translation is true and complete, with the translator's name and qualifications, or an affidavit verifying the translation.
Notarisation where the rule calls for it, such as Order 67 for registered judgments.
Consistent names for parties, companies and places across the award, the agreement and the affidavits.
Malaysia has no register of sworn translators. Lawyers usually meet Order 69 with a translation verified on oath by a qualified translator, or a translation certified by the consulate of the country where the award was made. Ask counsel which route suits the file.
Maklumat dalam Bahasa Melayu
Untuk menguatkuasakan award timbang tara asing di Malaysia, pemohon mengemukakan award dan perjanjian timbang tara kepada Mahkamah Tinggi. Jika dokumen itu bukan dalam Bahasa Melayu atau Bahasa Inggeris, seksyen 38(3) Akta Timbang Tara 2005 menghendaki terjemahan bahasa Inggeris yang diperakui. Penghakiman asing yang didaftarkan di bawah Akta Penguatkuasaan Timbal Balik Penghakiman 1958 memerlukan terjemahan bahasa Inggeris yang diperakui oleh notari awam atau disahkan melalui afidavit (Aturan 67). Kami menyediakan terjemahan yang diperakui dan afidavit penterjemah. WhatsApp: +60 17-227 9378.
中文说明
在马来西亚申请执行外国仲裁裁决时，如果裁决书或仲裁协议不是马来文或英文，根据《2005年仲裁法》第38(3)条，申请人必须提交经认证的英文译本。2025年槟城高庭一案中，中国仲裁的相关合同只附上未经认证的英文译本，执行令被宣告无效。中国法院判决不在马来西亚互惠执行名单内，须另行起诉，判决及译文须依《证据法》证明。我们提供经认证的中译英翻译及译者宣誓书。WhatsApp：+60 17-227 9378。
Common questions
Does the whole award need translating, or only the operative part?
Translate the whole award. Section 38(3) refers to the award, and the court must be able to read it. The Federal Court held in 2020 that only the dispositive part is registered as a judgment, but the application still exhibits the full award and its translation.
Is a Chinese court judgment enforceable under the Reciprocal Enforcement of Judgments Act?
No. China is not in the Act's First Schedule, so a fresh action is needed, with the Chinese judgment proved under the Evidence Act and translated into English.
Who can certify the translation for Order 69?
The rule names a sworn translator, an official, or a diplomatic or consular agent of the country where the award was made. In Malaysia, which has no sworn-translator register, the translator usually verifies the translation on oath.
How long does a translation of an award take?
It depends on length and language. A 40-page award with a 60-page contract is a different job from a 300-page bundle; send the files with the filing date and we will schedule to it.
Related guides
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