Foreign Arbitral Award : Enforcement Confined to Arbitration Act or Extends to Reciprocal Enforcement of Judgments Act?
ING Bank NV & Anor v Tumpuan Megah Development Sdn Bhd [2025] 8 CLJ 873
The primary issue in this case is whether a foreign arbitral award that has been converted into a judgment in the seat country may be enforced in Malaysia under the Reciprocal Enfo
Consideration in Contract Variations: Fresh Consideration, Extrinsic Evidence and the Limits of Parties’ Intention
Kuala Dimensi Sdn Bhd v Port Kelang Authority [2025] 3 CLJ 497
Can contracting parties mutually agree to vary the terms of the agreement, specifically the agreement on consideration? If a variation of the consideration clause is executed with
Setting Aside of Arbitration Award : Estoppel by Conduct and the Risks of Silence
One Amerin Residence Sdn Bhd v Ragawang Corporation Sdn Bhd [B-02(C)(A)-2128-12/2023]
Where multiple arbitrations are commenced under the same contract, disputes may arise not only on the merits but also on jurisdiction, including whether certain claims are arbitrab
Company Law : Boundary Between Oppression Actions and Derivative Actions
Low Cheng Teik & Ors v Low Ean Nee [2024] 5 MLJ 579
While the derivative action under section 347 Companies Act 2016 (“CA 2016”) allows shareholders to sue on behalf of the company, the oppression remedy under section 346 CA 201
Extension of Time : Time is of the Essence Despite Absence of an Express EOT Clause?
Savelite Engineering Sdn Bhd v Askey Media Technology Sdn Bhd [2025] CLJU 1808
When a construction contract is silent on extensions of time, does this mean that time is no longer of the essence, or can the courts still imply an EOT clause to give effect to th
Mohamad Amin Feisal Azam
Associate [email protected] Amin Feisal is an Associate in the Litigation team at ZMM. He graduated with a Bachelor of Laws (Hons) from the International Islamic Unive
E. M. Fakhruddin
Associate [email protected] Fakhruddin is a member of the Construction & Energy team at ZMM. He pursued his legal studies at the International Islamic University of
Setting Aside of Arbitration Award : Group of Companies Doctrine and Binding Non-Signatories to Arbitration Agreements
PT Wijaya Karya (Persero) TBK & Anor v Zecon Berhad & Anor [2025] CLJU 1220
It is not uncommon for a group of companies to deploy multiple entities within the group to carry out a project undertaken by one of its companies (the “Principal Company”). Th
Ahmad Zoheerulhaq Ahmad Rizal Afendi
Associate [email protected] Zoheerulhaq is an Associate in the Corporate and Commercial practice group at ZMM Kuala Lumpur office. He holds a Bachelor of Laws (Hons) f
Puteri Humaira’ Datuk Megat Abdul Munir
Associate [email protected] Humaira is a dedicated member of the Litigation team at our Kuala Lumpur office, where she brings her keen legal insights and commitment. She g
CIPAA 2012: Is Retention Sum “Money Due or Payable” by the Principal Post-Termination of the Main Contractor?
Kinu Sdn Bhd v Kerajaan Malaysia (Jabatan Kerja Raya Malaysia) [W-01(C)(A)-523-08/2024]
Section 30 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) enables a subcontractor to request direct payment from the principal or employer if the
Stay Pending Arbitration : When Parties have the Option to Arbitrate or to Litigate in Court
Setia Awan Management Sdn Bhd v SPNB Aspirasi Sdn Bhd [2025] CLJU 982
What if the dispute resolution clause under the contract gives the parties the option to either arbitrate or litigate in Court? Can such a clause still be considered as an arbitrat
Setting Aside of Arbitration Award : Duty to Provide a Reasoned Award and to Consider Parties’ Submissions
Kebabangan Petroleum Operating Company Sdn Bhd v Malaysia Marine and Heavy Engineering Sdn Bhd [W-02(C)(A)-1836-09/2022]
Could an application to set aside an award be sustained on the ground of a failure to provide reasons, assuming the parties had agreed to adopt the UNCITRAL or AIAC Rules? If on a
Fortuna Injunction : Lower Threshold Test Where There Is An Arbitration Agreement? – Revisited
V Medical Services M Sdn Bhd v Swissray Asia Healthcare Co. Ltd [02(f)-1-02/2024(W)]
Fortuna Injunction : Lower Threshold Test Where There Is An Arbitration Agreement? – Revisited V MEDICAL SERVICES M SDN BHD V SWISSRAY ASIA HEALTHCARE CO. LTD [02(F)-1-02/2024(W)
CIPAA 2012 : Prohibition of Conditional Payment Clause extends beyond Adjudication Proceedings?
SPM Energy Sdn Bhd & Anor v Multi Discovery Sdn Bhd [B-02(NCvC)(W)-1669-09/2022]
CIPAA 2012 : Prohibition of Conditional Payment Clause extends beyond Adjudication Proceedings? SPM ENERGY SDN BHD & ANOR V MULTI DISCOVERY SDN BHD [B02(NCVC)(W)-1669-09/2022]
Stay Pending Arbitration : Applications for Extension of Time, Issuance of Notice to Produce Documents and Filing of Defence constitute to “Steps in Proceedings”?
Esa Jurutera Perunding Sdn Bhd v Universiti Malaya [W-01(IM)(C)-105-03/2023]
Stay Pending Arbitration : Applications for Extension of Time, Issuance of Notice to Produce Documents and Filing of Defence constitute to “Steps in Proceedings”? ESA JURUTERA
Setting Aside of Arbitration Award : Time Limit on Submission of Draft Final Award for Technical Review & Effects on Tribunal’s Mandate & Jurisdiction
Setiakon Builders Sdn Bhd v Bellworth Development Sdn Bhd [WA-24C(ARB)-35-08/2023 & WA-24C(ARB)-41-09/2024]
Setting Aside of Arbitration Award : Time Limit on Submission of Draft Final Award for Technical Review and Effects on Tribunal’s Mandate and Jurisdiction SETIAKON BUILDERS SDN B