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  • Article

    Public 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 & Arbitration
    SKRINE
    SKRINE
  • Article

    Case Update: No Duty Of Care Owed By Financial Institutions To Non-Customers

    Facts 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 & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Supply Chain Liability Case Against Dyson Can Proceed In England

    As 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 & Arbitration
    Enyo Law LLP
    Enyo Law LLP
  • Article

    Case Update: Appellate Ruling Sheds Light On Professional Negligence And Loss Of Opportunity Claims

    Facts 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 & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Federal Court: Time For Delivery Of Vacant Possession Runs From Date Of Payment Of Booking Fee

    The 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 & Arbitration
    SKRINE
    SKRINE
  • Article

    Apex Court In Malaysia Dismissed MyCC's Bid To Review MYR10 Million Market Sharing Case Against MAS And AirAsia

    On 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 & Arbitration
    Wen & Co
    Wen & Co
  • Article

    Applications 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 & Arbitration
    SKRINE
    SKRINE
  • Article

    CIPAA 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 & Arbitration
    Chooi & Company
    Chooi & Company
  • Article

    Court Of Appeal Determines That The Deadline For The Delivery Of An Arbitral Award Is Jurisdictional

    The 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 & Arbitration
    SKRINE
    SKRINE
  • Article

    Malaysia's High Court Allows Judicial Inquiry Of Damages For A Wrongfully Granted Court-Ordered Injunction Without Awaiting The Outcome Of The Arbitration

    In Jaks Island Circle Sdn Bhd v Star Media Group Bhd and Another (Originating Summons No. WA-24C(ARB)-11-02/2018), ...
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Malaysian High Court Implies Additional Duties For Experts

    For 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 & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Stay-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 & Arbitration
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    Winding Up A Company Based On A CIPAA Adjudication Decision

    The successful party in adjudication proceedings can commence winding-up proceedings against the losing party based on the adjudication decision.
    MalaysiaLitigation, Mediation & Arbitration
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Is 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 & Arbitration
    Azmi & Associates
    Azmi & Associates
  • Article

    Case Update: Federal Court Highlights Contract Validity vs Enforceability In Remuneration Case

    Facts 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 & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Caseload Statistics Show Increasing Demand For Arbitration By Malaysian Parties

    On 22 October 2019, the Asian International Arbitration Centre ("AIAC") published its 2018 statistics, showing a steady maintenance of its arbitration caseload
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    High Court Clarifies Limits On Stay Conditions

    Pestech 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 & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Patient Wins RM820,000 In Medical Negligence Claim

    Issue: 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 & Arbitration
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Seen And Heard: A Game-Changing Ruling On Virtual Hearing In Malaysia

    As the Covid-19 pandemic unfolded, the legal landscape of Malaysia underwent a significant transformation.
    MalaysiaLitigation, Mediation & Arbitration
    Bodipalar Ponnudurai De Silva
    Bodipalar Ponnudurai De Silva
  • Article

    2021/2022 Institutional Caseload Statistics: The AIAC And SIAC Remain The Preferred Arbitration Institutions By Malaysian Parties

    Following 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 & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP

Showing 21–40 of 144 results

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