Setting Aside of Arbitration Award : Time Limit on Submission of Draft Final Award for Technical Review & Effects on Tribunal’s Mandate & Jurisdiction – Setiakon Builders Sdn Bhd v Bellworth Development Sdn Bhd [WA-24C(ARB)-35-08/2023 & WA-24C(ARB)-41-09/2024]
View PDF 24th January 2025 ISSUES Under the Arbitration Act 2005 (“AA 2005”), an award made by the Arbitral Tribunal pursuant to an arbitration agreement
Bifurcated Arbitral Proceedings : Validity of Oral Pronouncement on Liability – Telekom Malaysia Bhd v Obnet Sdn Bhd [2025] 1 CLJ 17
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
CIPAA 2012 : Examining the Limits of Cross-Claims in Adjudication – Tera VA Sdn Bhd v Ayam Bintang Istimewa Sdn Bhd [B-02(C)(A)-1948-11/2023 & B-02(C)(A)-1949-11/2023]
View PDF 27th November 2024 ISSUES It is common for a respondent to raise a set off or crossclaim as a defence to a Payment
CIPAA 2012 : CIPAA Claims Against A Sole Proprietor – Hongler Enterprise Sdn Bhd v Chai Hon Sang (trading as Hock Seng Trading & Construction) [WA-24C-130-08/2023]
View PDF 23rd October 2024 ISSUES There is no prohibition to initiate adjudication proceedings against a sole proprietor under the Construction Industry Payment and Adjudication
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)-2329-12/2022]
View PDF 30th September 2024 ISSUES Section 9(5) of the Arbitration Act 2005 (“AA 2005”) provides that, where a contract refers to a document containing
Stay Pending Arbitration : Arbitration Agreement Becomes Inoperative After Company Wound Up? – Revisited. Peninsula Education (Setia Alam) Sdn Bhd v Biaxis (M) Sdn Bhd [B-02(IM)(C)-1834-11/2023]
View PDF 28th August 2024 ISSUES Where the underlying contract in the disputes before the Court contains an arbitration clause / agreement, the Defendant may
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
View PDF 31st July 2024 ISSUES Prior to presentation of a winding up petition, the creditor may serve a Statutory Notice of Demand, or what is
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)-2315-12/2022]
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
CIPAA 2012 : Can a Stay be Granted after an Adjudication Decision is enforced?
Econpile (M) Sdn Bhd v ASM Development (KL) Sdn Bhd & Anor Case [2024] 5 CLJ 16
View PDF 22nd May 2024 ISSUES It is not uncommon for the losing party to file an application to set aside an adjudication decision and/or