The Patent Prosecution Highway (PPH) pilot program between the United States Patent & Trademark Office (USPTO) and the Intellectual Property Corporation of Malaysia (MyIPO)...

Section 73 of the CA states that "a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it".

The Appellant was first employed as Messenger/Driver of the Bank in 1988. The Appellant was then promoted in 1994 to Clerk/Typist/Cashier and was assigned with duties such as Savings Accounts, Current Accounts and Clearing duties.

Joint management bodies, management corporations, parcel owners and developers are regularly turning to the Strata Management Tribunal ("Tribunal") due to its efficiency...

Due to the various amendments to the Arbitration Act 2005 (the 2005 Act) throughout the years, the Malaysian courts have been occupied with interpreting the provisions in the arbitration act...

In an arbitration, jurisdictional challenges are commonly raised when a party contends that a particular claim does not fall within the scope of an arbitration agreement.

Stare decisis, defined as "to stand by things decided" in the Oxford Dictionary of Law (5th Ed), is a legal doctrine that obligates lower Courts to follow the decision made by a superior Court...

On 12 August 2021, the Court of Appeal in Rohaidi bin Ismail v Kaneka (Malaysia) Sdn Bhd dismissed the Applicant's motion for leave to appeal.

Refusing to pay arbitration deposits is a common strategy employed by parties to delay or make proceedings difficult for the counterparty.

The cost of an arbitration, which includes the fees of an arbitrator, is usually negotiated and agreed upon between parties and the arbitral tribunal before or at the start of the proceedings.

The plaintiff was a sub-contractor employed by the defendant to carry out the basement carcass works for a construction project.

On 25 July 2022, the Malaysian Parliament passed the Courts of Judicature (Amendment) Bill 2022 (‘the Bill'), which was subsequently granted the Royal Assent by the Yang di-Pertuan Agong on 31 August 2022.

Adjudication under the Construction Industry Payment and Adjudication Act 2012 has strict timelines to be complied with and that is the one main purposes of this dispute resolution mechanism–speed.

Craig Shepherd and Arnold Hoong have recently published an article in the Global Arbitration Review's Asia-Pacific Arbitration Review 2023 on the contractual effects of sanctions on construction projects.

The respondent ("Kalairasi") sued the appellants ("PSSB") for defamation due to a misprint on an article in a newspaper known as Malaysia Namban (Sunday edition) owned and published by PSSB.

Lakefront Residence Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor (and 3 Other Appeals) [2023] MLJU 2352...

In 2016, the Company, facing serious financial difficulties, was forced to retrench the Appellants from service with the Company ("the retrenchment exercise"). At the time...

Quek Jian Long provides a commentary on a recent decision by the Court of Appeal on 15 July 2021 in Thomas Jothinayagam Harris v The Perak Chinese Maternity Association & Anor.

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