View PDF 19th November 2020 Issues Is the High Court bound to set aside an arbitral award under Section 37 of the Arbitration Act 2005 (“AA 2005”) once the Plaintiff…
View PDF 15th July 2020IssuesAt times, a party may undertake several types of work under one project. This may result in multiple contracts being executed between parties, each for different…
View PDF INTRODUCTION In Malaysia companies / employers generally use two types of employment contract, i.e. (1) permanent contract of employment and (2) fixed term contract of employment. For the…
View PDF 2nd July 2020IssuesSection 8(1) of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) provides that-“A claimant may initiate adjudication proceedings by serving a written notice of…
View PDF 22th May 2020 It is not unusual in the modern standard construction contract to contain a “prior notice requirement clause” as condition precedent before the contractor’s entitlement to…
View PDF INTRODUCTIONIt is often said that when you take care of your employees, they will take care of the rest for you. In many ways, the employees are the…
View PDF 8th April 2020 Issues There is an arbitration clause in the contract. A dispute arose between parties concerning the performance of contract. But for one reason or another,…
View PDF 1st April 2020 Issues Since the Federal Court case of Sumatec Engineering & Construction Sdn Bhd v Malaysian Refining Company Sdn Bhd [2012] 3 CLJ 401 (“Sumatec”), the…
Associate [email protected] Azureen is an associate in the Litigation Team. Azureen practices general litigation over a wide range of disputes, including contractual, commercial and tortious disputes, shareholders disputes, banking litigation…
View PDF If your browser does not support PDF. Please click here to view it:Download PDF If you have any questions or comments on this article, please contact:- Andrew Heng…
View PDF 23th March 2020 INTRODUCTION Following the decision in the case of Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 MLJ 244 [read our article…
View PDF 20 March 2020 INTRODUCTION On 16th March 2020, Prime Minister Tan Sri Muhyiddin Yassin announced the Government’s initiative to curb the Covid-19 pandemic by declaring a 14-day Movement…
View PDF 20th March 2020 INTRODUCTION The Prime Minister of Malaysia has announced a Movement Control Order (“MCO”) from 18.03.2020 to 31.03.2020. Save for “essential services”, all public or private…
View PDF 20th March 2020IntroductionThese are unprecedented times. With increasing numbers of patients tested positive for COVID-19 (Corona Virus) nationwide, the Prime Minister of Malaysia has announced a Movement Control…
INTRODUCTION Dwelling assets be it landed properties or high-rise apartments, their sale and purchase, are the most common assets transactions ordinarily involving vendors, purchasers and financiers. The financiers will usually…
INTRODUCTION The housing development in Malaysia is principally governed by the Housing Development (Control & Licensing) Act 1966 (“HDA”). One of the objectives of the HDA is to protect the…
Introduction The Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) came into force on 15.04.2014. CIPAA’s objective can be gleaned from its preamble:- “An Act to facilitate regular and timely…
03 December 2019 Introduction When a Claimant successfully obtained an Adjudication Decision in its favour, CIPAA offers 3 methods to enforce of the Adjudication Decision, where the successful Claimant may:-…
04th September 2019 Issues It is not uncommon for dispute resolution clauses to provide for escalation mechanism or mediation as a precursor to full-blown dispute resolution, either in the civil…
23rd August 2019 Parliament passed the Limitation (Amendment) Act 2018 [Act A1566] (“LAA 2018”) on 4th April 2018 to amend the Limitation Act 1953 (“LA 1953”) by, amongst others, insert…