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  • Article

    Is A Company Bound By A Contract Made Prior To Its Incorporation?

    Are pre-incorporation contracts enforceable ? Our Gan Khong Aik and Lee Sze Ching (Ashley) shed light on the question through the case of Dae Hanguru Infra Sdn Bhd v Baldah Toyyibah (Prasarana) Kelantan Sdn Bhd.
    MalaysiaCorporate/Commercial Law
    Gan Partnership
    Gan Partnership
  • Article

    Repercussions Of Environmental Law Breaches

    Environmental issues in Malaysia are abundant, ranging from polluted rivers to de-forestation. Malaysia's need for proper enforcement of environmental laws is dire and needed immediately.
    MalaysiaEnvironment
    Gan Partnership
    Gan Partnership
  • Article

    Court Cases Contribute To Development Of Arbitration Law

    Due to the various amendments to the Arbitration Act 2005 (the 2005 Act) throughout the years, the Malaysian courts have been occupied with interpreting the provisions in the arbitration act...
    MalaysiaLitigation, Mediation & Arbitration
    Gan Partnership
    Gan Partnership
  • 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

    Federal Court Decides To Keep Split Claims Within Jurisdiction Of Tribunal For Homebuyers Claims

    One of the questions before the Federal Court in Remeggious Krishnan v SKS Southern Sdn Bhd (1) was whether a "split claim" could be filed by a homebuyer with the tribunal for homebuyers claims...
    MalaysiaLitigation, Mediation & Arbitration
    Gan Partnership
    Gan Partnership
  • 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

    Who Owns The Surplus Parking Spots On A Development?

    With the rise in land and property prices, many have chosen to live in condominiums where there are common properties and facilities shared between the residents, such as swimming pools...
    MalaysiaReal Estate and Construction
    Gan Partnership
    Gan Partnership
  • Article

    Liquidated Damages – Second Bite Of The Cherry?

    It is not always the case that purchasers can claim for liquidated damages against developers if the latter fail to deliver vacant possession. Our Tan Min Lee and Tan Lay Keng discuss this further...
    MalaysiaReal Estate and Construction
    Gan Partnership
    Gan Partnership
  • Article

    Limits To Adjudicators' Powers

    Our Tasha Lim discusses the High Court's decision in Cescon Engineers Sdn Bhd v Pesat Bumi Sdn Bhd and another case [2022] 9 MLJ 79 with respect to adjudicators' powers.
    MalaysiaReal Estate and Construction
    Gan Partnership
    Gan Partnership
  • Article

    COVID-19: Legal Mechanisms For Companies And Individuals Facing Financial Distress

    On 27 March 2020, the IMF officially declared that the global economy has entered a recession as a result of the spread of the COVID-19 pandemic which has shut down the economic activities across the world.
    MalaysiaCoronavirus (COVID-19)
    Gan Partnership
    Gan Partnership
  • Article

    What Evidence Is Required In Order To Secure A Mareva Injunction?

    Pending the determination of a dispute, a party may worry that the opposing party will dissipate the relevant assets in dispute before the conclusion of the legal action.
    MalaysiaLitigation, Mediation & Arbitration
    Gan Partnership
    Gan Partnership
  • Article

    Where Is The Line Drawn For Conditional Payment Under CIPAA 2012?

    The "pay when (if) paid" clause in construction contracts, is now void pursuant to section 35(1) of Construction Industry Payment and Adjudication Act 2012 (CIPAA). Section 35 (1) of CIPAA reads as follows...
    MalaysiaReal Estate and Construction
    Gan Partnership
    Gan Partnership
  • Article

    All Employees Are Now Protected By The Employment Act 1955

    The ambit of the Employment Act 1955 ("EA 1955") will change effective from 1.9.2022 pursuant to the Employment (Amendment of First Schedule) Order 2022 ("Amendment Order"), in conjunction...
    MalaysiaEmployment and HR
    Gan Partnership
    Gan Partnership

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