Setting Aside of Arbitration Award: Timeline for Delivery of Award – Procedural or Jurisdictional?
RKT Nusantara Sdn. Bhd. v Ken Grouting Sdn. Bhd. & Another Appeal [W-02(C)(A)-1560-07/2018] [W-02(C)(A)-1562-07/2018]
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
CIPAA 2012: Easing Contractors’ Cash Flow – “Pay Now, Argue Later”
Construction Industry Payment and Adjudication Act 2012
View PDF Introduction Cashflow continuity is of paramount importance to the construction industry. However, contractors are often times faced with issues on payment, or lack
CIPAA Adjudication: Novation Agreement and Adjudication Decision (Computation of time and Corrections)
Encorp Iskandar Development Sdn Bhd v. Konsortium Ipmines Merz Sdn Bhd [2020] 1 LNS 1129
View PDF Issues As the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) only have prospective effect, any payment dispute(s) arising from construction contracts
Setting Aside of Arbitral Award: Breach of Natural Justice and Prejudice
Master Mulia Sdn Bhd v Sigur Rus Sdn Bhd [2020] 9 CLJ 213
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
Arbitration: Set-off Across Multiple Contracts, Each With Its Own Arbitration Agreement
Pertama Ferroalloys Sdn Bhd v SAC TEC (Malaysia) Sdn Bhd
WA-24NCC(ARB)-2-01/2020
View PDF 15th July 2020 Issues At times, a party may undertake several types of work under one project. This may result in multiple contracts
EMPLOYMENT LAW: If a Fixed Term Employment Contract is Renewed Successively, is it In Reality a Permanent Employment?
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
CIPAA 2012 : Supporting Documents in Notice of Adjudication – To Include or Not to Include?
Masterplan Consulting Sdn Bhd v Motorola Solutions Malaysia Sdn Bhd [2020] 1 LNS 219
View PDF 2nd July 2020 Issues Section 8(1) of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) provides that- “A claimant may initiate
Prior Notice Requirement, Condition Precedent and “Loss and Expense” Claim
Sunissa Sdn Bhd v Kerajaan Malaysia & Anor
[2020] MLJU 283
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
Employment: Overview of the Common Employment Issues in Malaysia
View PDF INTRODUCTION It is often said that when you take care of your employees, they will take care of the rest for you. In