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Rajah & Tann Asia has contributed the Malaysia chapter to the Global Arbitration Review ("GAR") series on Construction Arbitration

After more than 3.5 months without a Director, Datuk Professor Sundra Rajoo has been appointed as the Director of the Asian International Arbitration Centre ("AIAC").

Adjudication is now a well established method of resolving disputes in the construction field in the UK, Australia, New Zealand and Singapore.

An advantage of arbitral proceedings over court proceedings is that arbitration is private and only involves the named parties. This is reflected in sections 41A and 41B of the Arbitration Act 2005.

I spoke at the APCAM SUMMIT 2023 (held in New Delhi, India from 6-7 May 2023) as a member of the Malaysian Bar Council and Malaysia International Mediation Centre delegation.

Facts Cockett Marine (the "Appellant") is a Singaporean company which supplies bunker fuel for shipping vessels. MISC Berhad (the "Respondent") is a bunker supplier and owner of a vessel...

The United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention on Mediation) ("Convention") was adopted on 20 December 2018...

Facts ASM Development (KL) Sdn Bhd (the 'Appellant') had engaged Econpile (M) Sdn Bhd (the 'Respondent'), for a construction project. Works were supposed to be completed by January 2018...

What happens when the law of the arbitration agreement and the law of the seat diverge on the matter of arbitrability of a dispute? This was considered very recently by the ...

Following the 99th meeting of the Federal Territory Syarak Law Consultative Committee on 3O November 2016, the Mufti for the Federal Territories issued three fatwas...

In Calibre M&E Sdn Bhd v PT Cooline HVAC Engineering (Originating Summons Nos. WA-24C(ARB)-47-09/2017 and WA-24C(ARB)-49-10/2017),

The Construction Industry Payment and Adjudication Act 2012 ("CIPAA") came into operation on 15.4.2014.

The Federal Court in CTEB and CWB v Ketua Pengarah Pendaftaran Negara, Malaysia, Ketua Setiausaha Kementerian Dalam Negeri and Kerajaan Malaysia (Federal Court Civil Appeal No.: 01(i)-34-10/2019(W))...

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...

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.

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...

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...

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.