Quantum Meruit: Subcontractor claiming directly against Employer for work done? Mega Mayang M&E Sdn Bhd v Utama Lodge Sdn Bhd and Anor Appeal [2018] MYCA 329
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
Can Parties Contract Out of the Prevention Principle? North Midland Building Ltd v Cyden Homes Ltd [2018] EWCA Civ 1744
31st October 2018 Issues The law does not allow an employer to recover liquidated damages where the delay is caused by the employer. This is
Foreign Exclusive Jurisdiction Clause and Forum Conveniens : Stay of Proceedings – World Triathlon Corporation v SRS Sports Centre Sdn Bhd [2018] MYCA 248
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
Stay of Court Proceedings pending Arbitration against Non-Parties to Arbitration Agreement – Protasco Bhd v Tey Por Yee and Another Appeal [2018] MYCA 47
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
No Oral Modification [“NOM”] Clause : Parties Autonomy vs. Commercial Certainty – Rock Advertising Limited (Respondent) v MWB Business Exchange Centres Limited (Appellant) [2018] UKSC 24
11th June 2018 “No Oral Modification” Clause The “prohibition” against oral variation of contract via a No Oral Modification [“NOM”] clause raises several interesting questions:-
Upholding Arbitration Agreement : Limited Permanent Anti-Suit Injunction To Restrain An Advanced On-Going Litigation – Hilton International Manage (Maldives) Pvt Ltd v Sun Travels & Tours Pvt Ltd [2018] SGHC 56
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
Enhancing Party Autonomy in Arbitration : Parliament passed the Arbitration (Amendment) (No.2) Bill 2018
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
Construction Industry Payment & Adjudication Act 2012 : CIPAA Applies Prospectively & Not Retrospectively
13th March 2018 [Revised & published in March 2018] The Court of Appeal in the recent case of Bauer (Malaysia) Sdn Bhd v Jack-In Pile