BETWEEN AND THE ASIAN-AFRICAN LEGAL CONSULTATIVE ORGANIZATION REGIONAL CENTRE FOR ARBITRATION IN KUALA LUMPUR

Transcription

1 SUPPLEMENTARY AGREEMENT BETWEEN THE GOVERNMENT OF MALAYSIA AND THE ASIAN-AFRICAN LEGAL CONSULTATIVE ORGANIZATION RELATING TO THE REGIONAL CENTRE FOR ARBITRATION IN KUALA LUMPUR

2 THIS SUPPLEMENTARY AGREEMENT is made on this 7th day of February 2018 BETWEEN THE GOVERNMENT OF MALAYSIA (hereinafter referred to as the "Host Government") of the one part; AND THE ASIAN-AFRICAN LEGAL CONSULTATIVE ORGANIZATION (hereinafter referred to as the "Organization") of the other part. (The Host Government and the Organization may individually be referred to as "the party" or collectively as "the Parties"). WHEREAS: A. The Parties entered into an Agreement between the Government of Malaysia and the Asian-African Legal Consultative Organization Relating to the Regional Centre for Arbitration in Kuala Lumpur on 26 March 2013 (hereinafter referred to as "the Principal Agreement"); B. The duration of the Principal Agreement is five (5) years commencing from the signing date of the Principal Agreement i.e. 26 March 2013 until 25 March 2018 and thereafter automatically extended for another five (5) years from 26 March 2018 to 25 March 2023 pursuant to Article X of the Principal Agreement; C. Pursuant to Article 1 of the Principal Agreement, the Regional Centre for Arbitration (hereinafter referred to as "the Centre") has been named as Kuala Lumpur Regional Centre for Arbitration (hereinafter referred to as "the KLRCA");

3 D. The Parties are desirous to enter into this Supplementary Agreement to amend the Principal Agreement subject to the terms and conditions hereinafter contained. NOW IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I SUPPLEMENTARY AGREEMENT 1. This Supplementary Agreement is supplemental to and shall be read and construed as an integral part of the Principal Agreement. 2. Save and subject to the following clauses and variations in this Supplementary Agreement and such other alterations, if any, as may be necessary to make the Principal Agreement consistent with this Supplementary Agreement, the Principal Agreement and this Supplementary Agreement shall be read and construed and be enforceable as if the terms of this Supplementary Agreement were inserted therein by way of addition or substitution as the case may be. 3. All the clauses of the Principal Agreement shall remain the same and be in full force and effect as between the Parties hereto. 4. In the event of any conflict or inconsistency between the provisions of the Principal Agreement and this Supplementary Agreement, the provisions of this Supplementary Agreement shall prevail to the extent of such inconsistency. 5. The Principal Agreement and this Supplementary Agreement shall contain the entire understanding between the Parties made thereto with respect to the subject matter hereof and shall supersede all prior agreements, understandings, inducements, representations or conditions, express or implied, oral or written. 2

4 ARTICLE II INTERPRET ATION In this Supplementary Agreement, unless the context otherwise requires: (a) words and expressions defined in the Principal Agreement shall have the same meaning when used herein or referred to in this Supplementary Agreement, save as and for any word or expression that is specifically defined in this Supplementary Agreement; and (b) references to clauses and appendices shall, unless otherwise expressly provided, be construed as references to clauses and appendices of this Supplementary Agreement. AMENDMENT ARTICLE III OF ARTICLE 1 OF THE PRINCIPAL AGREEMENT Article 1 of the Principal Agreement is amended by substituting for paragraph 1 the following paragraph: "1. The Centre has been named as the Asian International Arbitration Centre (Malaysia) (hereinafter referred to as "the AIAC").". ARTICLE V TIME Time whenever mentioned herein shall be of essence for the purposes of any provision of this Supplementary Agreement. ARTICLE VI ENTRY INTO FORCE This Supplementary Agreement shall enter into force upon signature by the Parties. 3

5 IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Parties, have signed this Supplementary Agreement on this 7th day of February DONE at Kuala Lumpur, Malaysia on this 7th day of February 2018 in two (2) originals in English Language. For the Government of Malaysia For the Asian-African Consultative Organization Legal DATO' SRI AZALINA OTHMAN SAID Minister ill the Prime Minister's Department H.E PROF. DR. KENNEDY GASTORN Secretary-General Asian-African Legal Consultative Organization 4