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  • 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

    Dewan Negara Passes Five Bills

    Dewan 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...
    MalaysiaStrategy
    Labuan IBFC Inc
    Labuan IBFC Inc
  • Article

    Case Update: High Court Has Discretion To Make Other Orders As The Court Thinks Fit In A Winding-Up Petition

    Ambank 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 Law
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Malaysian High Court Clarifies Limits On Stay Conditions

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

    Recognition Of Peer-to-Peer (P2P) Financing By The Court

    In 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 Banking
    SKRINE
    SKRINE
  • Article

    Similar Registered Designs Foil Application for Interlocutory Injunction

    A 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 Property
    Ella Cheong Spruson & Ferguson
    Ella Cheong Spruson & Ferguson
  • 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

    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
  • Article

    Judicial Approach To Application And Construction Of Arbitration Act 2005 In Malaysia: Introduction

    This 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 & Arbitration
    Cecil Abraham & Partners
    Cecil Abraham & Partners
  • Article

    Malaysian Court Reconfirms That Tribunals Take Priority Over Courts When Granting Interim Relief

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

    Malaysian High Court Considers The Legal Test For Obtaining Subpoenas In Aid Of Arbitration

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

    Instruments Of Transfer For Renunciation Of Entitlement In Respect Of Intestate Estate Attract Nominal Stamp Duty

    The deceased died intestate leaving, amongst others, five pieces of lands ("Lands") to his wife and two children.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Case Update: Employees Cannot Pursue Claims For Damages For Wrongful Dismissal Via The Civil Courts

    Facts 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 HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Balancing Community Safety And Individual Rights In A Guarded Community

    Lim 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 Sector
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    The Court Of Appeal's Take On Limitation Laws In Hindustan Oil

    Previously, 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 & Arbitration
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    Malaysia Embraces Third Party Funding In Arbitration: A New Era Begins

    Malaysia 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 & Arbitration
    Omni Bridgeway
    Omni Bridgeway
  • Article

    Property - Whether Management Corporation Has The Locus Standi To Institute An Action In Defamation Under The Stata Titles Act 1985

    The appellants comprised of Amber Court Condominium's management corporation ("the MC") and 5 of its council members.
    MalaysiaReal Estate and Construction
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil

Showing 61–80 of 288 results

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