ArticlePublic Auction Derailed By Movement Control Order?The Plaintiff averred that the extension of time applied for was merely to substitute the 50 days lost as a result of the MCO. MalaysiaLitigation, Mediation & ArbitrationSKRINE
ArticleCase Update: No Duty Of Care Owed By Financial Institutions To Non-CustomersFacts In 2013, Lotfi Bin Maskam approached Koperasi Sahabat Amanah Ikhtiar Berhad (the 'Respondent') and had represented that he was an officer, representative, or agent of RHB Investment Bank Berhad...MalaysiaLitigation, Mediation & ArbitrationZul Rafique & Partners
ArticleSupply Chain Liability Case Against Dyson Can Proceed In EnglandAs explained in our previous article (Dyson Group wins jurisdictional battle in the English court over migrant worker ESG claims: what next for supply chain liability?)...MalaysiaLitigation, Mediation & ArbitrationEnyo Law LLP
ArticleCase Update: Appellate Ruling Sheds Light On Professional Negligence And Loss Of Opportunity ClaimsFacts Malayan Banking Berhad (the 'Appellant') gave a banking loan facilities to CSPM Technology Sdn Bhd (the 'Borrowers') which have been personally guaranteed by Chin Kwong Wah...MalaysiaLitigation, Mediation & ArbitrationZul Rafique & Partners
ArticleFederal Court: Time For Delivery Of Vacant Possession Runs From Date Of Payment Of Booking FeeThe Federal Court today authoritatively determined that for the purposes of calculating liquidated and agreed damages (‘LAD') under a statutory form contract prescribed in the Housing Development...MalaysiaLitigation, Mediation & ArbitrationSKRINE
ArticleApex Court In Malaysia Dismissed MyCC's Bid To Review MYR10 Million Market Sharing Case Against MAS And AirAsiaOn 1 November 2023, the Federal Court, presided over by YAA Tan Sri Abang Iskandar Abang Hashim and hearing together with YA Datuk Zabariah Mohd Yusof and YA Datuk Harmindar Singh Dhaliwal.MalaysiaLitigation, Mediation & ArbitrationWen & Co
ArticleApplications To Transfer Cases – A New Twist To The Tale?The cause of action arose in Kelantan as the lands were situated in Kelantan and the private caveats were entered at the Land and Mines Office, Kelantan.MalaysiaLitigation, Mediation & ArbitrationSKRINE
ArticleCIPAA Adjudication – To What End?When the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") came into force on 15 April 2014, the construction industry was stoked and at the same time sceptical. MalaysiaLitigation, Mediation & ArbitrationChooi & Company
ArticleCourt Of Appeal Determines That The Deadline For The Delivery Of An Arbitral Award Is JurisdictionalThe Court of Appeal in the case of Ken Grouting Sdn Bhd v RKT Nusantara Sdn Bhd [2021] 2 CLJ 173 has held that an arbitration rule specifying the timeline for delivery of an arbitral award...MalaysiaLitigation, Mediation & ArbitrationSKRINE
ArticleMalaysia's High Court Allows Judicial Inquiry Of Damages For A Wrongfully Granted Court-Ordered Injunction Without Awaiting The Outcome Of The ArbitrationIn Jaks Island Circle Sdn Bhd v Star Media Group Bhd and Another (Originating Summons No. WA-24C(ARB)-11-02/2018), ...MalaysiaLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleMalaysian High Court Implies Additional Duties For ExpertsFor the first time, the Malaysian High Court has found that party-appointed experts owe implied duties to the court. It is well-established that expert witnesses owe a duty to assist...MalaysiaLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleStay-ing Within The Limits Of The Arbitration Clock!Time, for purposes of the Limitation Act 1953, stops to run upon commencement of a suit or other proceedings in a Court of law. However, what happens if the time bar sets in before the commencement...MalaysiaLitigation, Mediation & ArbitrationShearn Delamore & Co.
ArticleWinding Up A Company Based On A CIPAA Adjudication DecisionThe successful party in adjudication proceedings can commence winding-up proceedings against the losing party based on the adjudication decision. MalaysiaLitigation, Mediation & ArbitrationMahWengKwai & Associates
ArticleIs Public Interest Litigation Becoming More Prevalent In Malaysia?Providing a stimulus to the growth of a good public administration should in turn benefit the citizens as a whole in their dealings with public authorities.MalaysiaLitigation, Mediation & ArbitrationAzmi & Associates
ArticleCase Update: Federal Court Highlights Contract Validity vs Enforceability In Remuneration CaseFacts Abd Ghani Golamdin (the 'Appellant') was initially employed by Universiti Utara Malaysia (the '1st Respondent') as a Senior System Analyst in 1989 and later became the Chief System Analyst...MalaysiaLitigation, Mediation & ArbitrationZul Rafique & Partners
ArticleCaseload Statistics Show Increasing Demand For Arbitration By Malaysian PartiesOn 22 October 2019, the Asian International Arbitration Centre ("AIAC") published its 2018 statistics, showing a steady maintenance of its arbitration caseloadMalaysiaLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleHigh Court Clarifies Limits On Stay ConditionsPestech Technology Sdn Bhd was appointed by Lion Pacific Sdn Bhd as the sub-contractor for a project concerning the design, construction, equipping and maintenance of a railway. MalaysiaLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticlePatient Wins RM820,000 In Medical Negligence ClaimIssue: Mdm Y*, 55, a small-time business owner, was first admitted into a private hospital in Kuala Lumpur for a surgery known as a bilateral oophorectomy (First Surgery) to remove two ovarian cysts in July 2013. MalaysiaLitigation, Mediation & ArbitrationMahWengKwai & Associates
ArticleSeen And Heard: A Game-Changing Ruling On Virtual Hearing In MalaysiaAs the Covid-19 pandemic unfolded, the legal landscape of Malaysia underwent a significant transformation. MalaysiaLitigation, Mediation & ArbitrationBodipalar Ponnudurai De Silva
Article2021/2022 Institutional Caseload Statistics: The AIAC And SIAC Remain The Preferred Arbitration Institutions By Malaysian PartiesFollowing on from our previous updates in 2019, 2020, and 2021, we analyse the publicly available caseload statistics for the usage of various arbitral institutions by Malaysian parties...MalaysiaLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP