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  • Article

    Malaysian Court Finds That Non-payment Of Arbitration Fees Alone Will Not Render Arbitration Agreement Inoperable

    Refusing to pay arbitration deposits is a common strategy employed by parties to delay or make proceedings difficult for the counterparty.
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Court Rules On Whether Arbitration Award Can Be Partially Set Aside And Whether Objection To Arbitrators Appointment Was Afterthought

    In Persatuan Kanak-Kanak Spastik Selangor & Wilayah Persekutuan, the Court of Appeal (1) decided on two important issues that impact the arbitration scene in Malaysia.
    MalaysiaLitigation, Mediation & Arbitration
Gan Partnership
Gan Partnership
  • Article

    Non-Payment Of Arbitrator's Fees – Is The Arbitration Agreement Still Operative?

    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.
    MalaysiaLitigation, Mediation & Arbitration
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Overview Of The Arbitration Process In Malaysia

    Arbitration in Malaysia is a widely used alternative dispute resolution (ADR) mechanism for resolving commercial disputes.
    MalaysiaLitigation, Mediation & Arbitration
    Kevin Wu & Associates
    Kevin Wu & Associates
  • Article

    Res Judicata And Declarations Relating To CIPAA Adjudication

    The plaintiff was a sub-contractor employed by the defendant to carry out the basement carcass works for a construction project.
    MalaysiaLitigation, Mediation & Arbitration
    Gan Partnership
    Gan Partnership
  • Article

    [INTERNATIONAL ARBITRATION] Does My Claim Fall Inside Or Outside Of The Contract?

    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.
    MalaysiaLitigation, Mediation & Arbitration
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Benchmark Litigation: "Well-thought-Out Litigation Strategy, And Effective Trial Work"

    The 2023 edition of Benchmark Litigation Asia-Pacific reviewed some of our more interesting work over the past year as reproduced below.
    MalaysiaGovernment, Public Sector
    AmerBON
    AmerBON
  • Article

    Disputes Over Terms Of Settlement Underscore The Importance Of Robustly Drafted Settlement Agreements

    As the spotlight shines on mediated settlements with the signing of the Singapore Convention on Mediation on 7 August 2019
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Key Amendments To The Industrial Relations Act 1967

    The Industrial Relations (Amendment) Act 2020 ("IRA 2020") made some crucial amendments to the to the Industrial Relations Act 1967 ("the Act") and the main amendments with...
    MalaysiaLitigation, Mediation & Arbitration
    Kevin Wu & Associates
    Kevin Wu & Associates
  • Article

    The Iconic Case To The Heirs Of The Sultan Of Sulu vs. Malaysia

    The case of the heirs of the Sultan of Sulu vs. Malaysia has every reason to become a textbook source for international arbitration courses.
    MalaysiaLitigation, Mediation & Arbitration
    Queritius
    Queritius
  • Article

    English Commercial Court Upholds Comity In Refusing Anti-Anti-Arbitration Injunction Against Malaysian Proceedings

    The case involved ongoing proceedings in the Malaysian High Court and arbitration under the London Maritime Arbitrators Association (LMAA). An application for an anti-anti-arbitration injunction was subsequently.
    MalaysiaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Hong Kong
    Norton Rose Fulbright Hong Kong
  • Article

    The Curious Case Of The Double Sale: Reconciling The BBA Transaction With Section 214A Of The National Land Code

    In the recent case of Maple Amalgamated Sdn Bhd & Anor v Bank Pertanian Malaysia Bhd [2021] MLJU 1245, the Federal Court had to consider the following leave question...
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    ICC Guidance Note On Mitigating The Effects Of COVID-19 In Arbitral Proceedings

    On 9 April 2020, the ICC International Court of Arbitration issued its Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic ("Guidance Note").
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Adjudication In Malaysia

    The use of adjudication as a rapid binding dispute resolution procedure for construction contracts has been slowly spreading around the world. Adjudication was first introduced in the UK in May 1998 as a result of the Housing Grants, Construction and Regeneration Act 1996.
    MalaysiaReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Construction Adjudication: Prospective, Retrospective Or Somewhere In-between?

    There has been a steady increase in the number of payment disputes referred to adjudication under CIPAA 2012.
    MalaysiaReal Estate and Construction
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    The Applicability Of Malaysia's Federal Court Ruling On The Authority Of Shariah Advisory Council In Civil Disputes To Arbitrations On Islamic Finance And Capital Markets

    The Central Bank of Malaysia Act 2009 ("Act") designated Malaysia's Shariah Advisory Committee on Islamic finance ("SAC") as the authority for ascertaining Islamic law for the purposes of Islamic financial business.
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    China Arbitration Week 2019

    A Special Interview with Mr Wang Chengjie, Vice Chairman & Secretary General of China International Economic and Trade Arbitration Commission (CIETAC), China.
    MalaysiaLitigation, Mediation & Arbitration
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Malaysia's Federal Court Sets Aside Default Judgment Obtained In Breach Of An Arbitration Agreement

    In Tindak Murni Sdn Bhd v Juang Setia Sdn Bhd (Civil Application No. 03-2-11/2018(B) and Civil Application No. 02(i)-104-11/2018(B))
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Interest In Interest? Application Of Interest Not Regulated Under The Moneylenders Act 1951: Summerhay Development Sdn Bhd v Ivory Ascent Sdn Bhd [08(f)-415-09/2022]

    The Firm acted for a corporate licensed Moneylender in an appeal against the High Court decision in Summerhay Development Sdn Bhd v Ivory Ascent Sdn Bhd (2020 1 LNS 1491 and 2020 MLJU 1549)...
    MalaysiaConsumer Protection
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    The Importance Of Boilerplate Clauses

    Boilerplate clauses are predominantly standard and often viewed as miscellaneous provisions in an agreement.
    MalaysiaCoronavirus (COVID-19)
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Showing 41–60 of 99 results

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