October 2025

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]

Post author:zmm_editor
Post published:22/10/2025
Post category:Litigation & Arbitration

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 arbitrable or have already been decided. Can a party who had earlier argued that a claim was premature later take the opposite position, asserting that the same claim had already been decided?

AIAC Arbitration Rules 2026 – What’s new?

Post author:zmm_editor
Post published:10/10/2025
Post category:Litigation & Arbitration

On 9 October 2025, the Asian International Arbitration Centre (AIAC) have launched the AIAC Suite of Rules 2026, an updated set of rules to their predecessors. This major update would introduce six new rules/guidelines, including the AIAC Arbitration Rules 2026.

Company Law : Boundary Between Oppression Actions and Derivative Actions

Low Cheng Teik & Ors v Low Ean Nee [2024] 5 MLJ 579

Post author:zmm_editor
Post published:01/10/2025
Post category:Litigation & Arbitration

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 2016 enables them to sue in their own capacity, but only if the harm suffered is distinct and personal.