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
ArticleDewan Negara Passes Five BillsDewan Negara today passed five bills, namely the Finance Bill (No. 2) 2017, the Labuan Business Activity Tax (Amendment) (No. 2) Bill 2017, the Income Tax (Amendment) Bill 2017...MalaysiaStrategyLabuan IBFC Inc
ArticleCase Update: High Court Has Discretion To Make Other Orders As The Court Thinks Fit In A Winding-Up PetitionAmbank Islamic Berhad (the ‘Respondent') filed a Winding up Petition at the High Court of Kuala Lumpur and served on Prolink Marketing Sdn Bhd (the ‘Appellant'). MalaysiaCorporate/Commercial LawZul Rafique & Partners
ArticleMalaysian High Court Clarifies Limits On Stay ConditionsThe Malaysian High Court has refused to impose a condition on a party seeking a stay of proceedings under section 10 of the Arbitration Act 2005 to pay its share of the deposit in the arbitration...MalaysiaLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleRecognition Of Peer-to-Peer (P2P) Financing By The CourtIn the case of Pyo Travel (MY) Sdn Bhd & Anor v Modalku Ventures Sdn Bhd [2020] MLJU 575, the Malaysian High Court affirmed the Sessions Court's decisions in granting summary judgment...MalaysiaFinance and BankingSKRINE
ArticleSimilar Registered Designs Foil Application for Interlocutory InjunctionA recently reported Malaysian case has illustrated the difficulties in accessing the merits of granting an interlocutory injunction based on infringement of a registered design, where similar registered designs are at issue.MalaysiaIntellectual PropertyElla Cheong Spruson & Ferguson
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
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
ArticleJudicial Approach To Application And Construction Of Arbitration Act 2005 In Malaysia: IntroductionThis article is part of a series that considers how the courts in Malaysia have construed and interpreted sections 8, 37 and 42 of the 2005 Act.MalaysiaLitigation, Mediation & ArbitrationCecil Abraham & Partners
ArticleMalaysian Court Reconfirms That Tribunals Take Priority Over Courts When Granting Interim ReliefThe Malaysian High Court has reconfirmed that if the same interim relief can be granted by an arbitral tribunal and the courts, a party should first apply to the tribunal.MalaysiaLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleMalaysian High Court Considers The Legal Test For Obtaining Subpoenas In Aid Of ArbitrationIn Coneff Corporation Sdn Bhd v Vivocom Enterprise (Originating Summons No. WA-24C(ARB)-26-06/2019) the Malaysian High Court for the first time considered the test for an application to...MalaysiaLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleInstruments Of Transfer For Renunciation Of Entitlement In Respect Of Intestate Estate Attract Nominal Stamp DutyThe deceased died intestate leaving, amongst others, five pieces of lands ("Lands") to his wife and two children.MalaysiaLitigation, Mediation & ArbitrationSKRINE
ArticleCase Update: Employees Cannot Pursue Claims For Damages For Wrongful Dismissal Via The Civil CourtsFacts Ashvine A/P Hari Krishnan (the ‘Respondent') was employed by 7-Eleven Malaysia Sdn Bhd (the ‘Appellant') as its Senior Manager of Human Resources in 2019.MalaysiaEmployment and HRZul Rafique & Partners
ArticleCase Update: Balancing Community Safety And Individual Rights In A Guarded CommunityLim Keng Jit is an authorized officer of the Residents Association of Parkville Sunway Damansara. The Respondent is the Majlis Bandaraya Petaling Jaya, the relevant local council under the Local Government Act 1976.MalaysiaGovernment, Public SectorZul Rafique & Partners
ArticleThe Court Of Appeal's Take On Limitation Laws In Hindustan OilPreviously, we highlighted the High Court decision in Hindustan Oil on Limitation laws in the arbitration context. On 4 April 2023, the Court of Appeal affirmed the High Court decision...MalaysiaLitigation, Mediation & ArbitrationShearn Delamore & Co.
ArticleMalaysia Embraces Third Party Funding In Arbitration: A New Era BeginsMalaysia has taken a major step forward in modernising its arbitration landscape with the entry into force of the Arbitration (Amendment) Act 2024 (Act) and the Code of Practice...MalaysiaLitigation, Mediation & ArbitrationOmni Bridgeway
ArticleProperty - Whether Management Corporation Has The Locus Standi To Institute An Action In Defamation Under The Stata Titles Act 1985The appellants comprised of Amber Court Condominium's management corporation ("the MC") and 5 of its council members.MalaysiaReal Estate and ConstructionJayadeep Hari & Jamil