20th August 2019 Issues Since leave was given to Martego Sdn Bhd on 02.01.2018 to appeal against the majority decision in the Court of Appeal case of Martego Sdn Bhd v…
28th July 2019IssuesConstruction contracts usually contain a clause imposing liquidated ascertained damages (“LAD”) if the contractor fails to complete its works within the agreed contract period. In other words, LAD…
When the underlying agreement contains an arbitration clause, the test applicable to defeat a winding-up petition and/or to restrain the presentation of a winding-up petition is different and one is merely required to show that there is a prima facie dispute of debt...
12th April 2019 Issues Once a decision is rendered in favour of the claimant following adjudication pursuant to the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”), the successful…
08th March 2019 INTRODUCTION For the longest of time, when there is a breach of contract, the innocent party cannot per se recover the Liquidated Ascertain Damages (“LAD”, also commonly…
21st February 2019 Issues The Malaysian Courts had in the past allowed Fortuna Injunctions to restrain prosecution of winding up petition where the alleged debt is premised upon an unregistered…
31st January 2019IssuesAn Adjudicator has the powers to conduct any hearing and limiting the hearing time, if the Adjudicator so wishes. This power is encapsulated in Section 25 (g) of…
28th November 2018 Issues Often times it is said that a subcontractor cannot make a direct claim against the employer of the project for payment / work done as there…
31st October 2018IssuesThe law does not allow an employer to recover liquidated damages where the delay is caused by the employer. This is the basic tenet of the Prevention Principle.But…
12th September 2018 Exclusive Jurisdiction Clause It is common for contracting parties to an international commercial contract to agree upon an exclusive jurisdiction to hear and adjudicate disputes arising from…
30th July 2018 What can you do if your Co-Defendant obtained a Stay pending Arbitration? If one of the Defendants in the Suit obtained a stay of legal proceedings pending…
11th June 2018"No Oral Modification" ClauseThe “prohibition” against oral variation of contract via a No Oral Modification [“NOM”] clause raises several interesting questions:-(a) If parties have the autonomy to mutually…
Justice Belinda Ang granted a limited permanent anti-suit injunction to restrain an ongoing litigation in Maldives in the recent Singaporean High Court case of Hilton International Manage (Maldives) Pvt Ltd…
Parliament passed the Arbitration (Amendment) (No.2) Bill 2018 (“the Bill”) last week to amend the Arbitration Act 2005 (“AA 2005”).The amendments proposed under the Bill include:-(a) Extension of the arbitral…