In Sri Lanka Cricket v World Sport Nimbus Pte Ltd  3 MLJ 117, the Malaysian Court of Appeal refused to enforce a Singaporean arbitral award on the ground that Singapore's accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention) was not notified in the Malaysian Gazette. The question for the Court of Appeal was whether it had jurisdiction to permit enforcement where there was no Gazette Notification declaring that Singapore was a party to the New York Convention. The defendant argued that according to section 2(2) of Malaysia's Convention on Recognition and Enforcement of Foreign Arbitral Awards Act 1985, a foreign arbitral award was only enforceable in Malaysia if the award was delivered in a State which was notified in the Malaysian Gazette.
The Malaysian Court of Appeal held that the requirement of gazetting a country as a party to the New York Convention is mandatory. Refuting the plaintiff's argument that they would be left without a remedy if their award was not enforced, the Court of Appeal observed that enforcement could still be sought at common law or by registering the award as a judgment in the Singapore High Court and then seeking to enforce that judgment as a foreign judgment.
Fortunately, the new Malaysian Arbitration Act 2005 which came into force on 15 March 2006 does not require notification in the Malaysian Gazette before a foreign award can be enforced. Given that the Arbitration Act 2005 will apply to the enforcement of all New York Convention arbitral awards from 15 March 2006, this decision is unlikely to repeat itself