Does the winding up of a company or the bankruptcy of a person render the arbitration agreement inoperative, thereby defeating the mandatory stay or justifying the setting aside of

In construction disputes, parties typically refer their disputes to arbitration based on the arbitration clause in their construction contracts. However, is there any distinction b

Where a project is completed, would a demand on the performance bond be unconscionable? Can an employer withhold certification of completion on the basis of unpaid LAD by the contr

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

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

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

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

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

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

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

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)

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 and Effects on Tribunal’s Mandate and Jurisdiction SETIAKON BUILDERS SDN B

Bifurcated Arbitral Proceedings : Validity Of Oral Pronouncement On Liability TELEKOM MALAYSIA BHD V OBNET SDN BHD [2025] 1 CLJ 17 ISSUES The arbitral tribunal may determine the di

Stay Pending Arbitration : Incorporation Of Arbitration Agreement By Reference In Recitals? GISE KAM KWAN INTERNATIONAL TRADE LTD V ANTARA STEEL MILLS SDN BHD [W-02(IM)(NCVC)-2329-

View PDF 28th August 2024 ISSUES Where the underlying contract in the disputes before the Court contains an arbitration clause / agreement, the Defendant may apply for a stay of pr

Fortuna Injunction : Lower Threshold Test Where There Is An Arbitration Agreement? SWISSRAY ASIA HEALTHCARE CO LTD V V MEDICAL SERVICES M SDN BHD [2023] CLJU 1358 ISSUES Prior to p

Stay Pending Arbitration : Limitation Stops When Action Commences In Civil Suit – Revisited BONGSOR BINA SDN. BHD. V SH BUILDERS & MARKETING SDN. BHD. [W 02(C)(A)-2315-12/202

Stay Pending Arbitration : Request for Extension of Time to File Defence Tantamount to Taking Steps in Proceedings? AIRBUS HELICOPTERS MALAYSIA SDN BHD (FORMERLY KNOWN AS EUROCOPTE