View PDF 26th February 2025ISSUESAs long as there is a valid arbitration agreement that is capable of performance, a stay of proceedings pending reference to arbitration shall be granted pursuant…
View PDF 24th January 2025ISSUESUnder the Arbitration Act 2005 (“AA 2005”), an award made by the Arbitral Tribunal pursuant to an arbitration agreement shall be final and binding. In this…
View PDF 30th December 2024 ISSUES The arbitral tribunal may determine the disputes of the parties in 2 different tranches, where the first tranche will be a determination on liability…
View PDF 30th September 2024ISSUESSection 9(5) of the Arbitration Act 2005 (“AA 2005”) provides that, where a contract refers to a document containing an arbitration clause, such reference would constitute…
View PDF 28th August 2024ISSUESWhere the underlying contract in the disputes before the Court contains an arbitration clause / agreement, the Defendant may apply for a stay of proceedings pending…
View PDF 31st July 2024ISSUESPrior to presentation of a winding up petition, the creditor may serve a Statutory Notice of Demand, or what is commonly known as Winding Up Notice, on…
View PDF 28th June 2024 ISSUES For the purposes of computing limitation in arbitration, limitation stops running when the claimant commences arbitration by serving the respondent a written notice to…
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 Eurocopter Malaysia Sdn Bhd) v Aerial Power Lines Sdn Bhd [W-02(IM)(NCvC)-1888-10/2022]View PDF 21st February 2024ISSUESIt is not uncommon for Defendants to request for extension of time to file their defence, especially when the nature of the Plaintiff’s claim is technical…
Often time, contracting parties would agree to refer their contractual disputes to arbitration and an arbitration clause would be inserted into the contract. Arbitration clauses are also commonplace in most standard form of construction contracts. These arbitration clauses are known as arbitration agreement and are treated as a standalone agreement which would survive termination of the main contract.
View PDF 29th December 2023ISSUESUnder Section 10 of the Arbitration Act 2005 (“AA 2005”), a stay of proceedings is mandatory where the matter before the Court is the subject of…
Stay Pending Arbitration & Anti-Arbitration Injunction : Arbitration Agreement Impugned with Allegation of Forgery
Macsteel International Far East Limited v Lysaght Corrugated Pipe Sdn Bhd and Another & 2 Other Appeals [W-02(IM)(NCC)-2002-10/2021 / W-02(IM)(NCC)-2003-10/2021 / W-02(IM)(NCC)-2004-10/2021]View PDF 31st July 2023ISSUESWhere a contract contains an arbitration agreement and one of the contracting parties initiate a Court action, the counterparty can apply to stay the Court action…
View PDF 09th December 2020 Issues Where the agreed arbitration rules provide for a specific timeline for delivery of the arbitration award, will such provision be construed as a procedural…
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 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…
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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…
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...
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…