Litigation & Arbitration Archives

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]

Post author:zmm_editor
Post published:21/02/2024
Post category:Litigation & Arbitration

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…

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]

Stay Pending Arbitration: Arbitration Agreement Becomes Inoperative After Company Wound Up?
Biaxis (M) Sdn Bhd (In Liquidation) v Peninsula Education (Setia Alam) Sdn Bhd [BA-22C-7-03/2023]

Post author:zmm_editor
Post published:24/01/2024
Post category:Litigation & Arbitration

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.

Stay Pending Arbitration: Hybrid Striking Out & Stay Application and Failure to Pay Deposit for Arbitrator’s / Administrative Fees
JSB v ACSB [2023] MLJU 2406

Post author:zmm_editor
Post published:29/12/2023
Post category:Litigation & Arbitration

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]

Post author:zmm_editor
Post published:31/07/2023
Post category:Litigation & Arbitration

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…

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]

Post author:zmm_editor
Post published:09/12/2020
Post category:Litigation & Arbitration
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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…

Setting Aside of Arbitral Award: Breach of Natural Justice and Prejudice
Master Mulia Sdn Bhd v Sigur Rus Sdn Bhd [2020] 9 CLJ 213

Post author:zmm_editor
Post published:19/11/2020
Post category:Litigation & Arbitration

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…

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

Post author:zmm_editor
Post published:15/07/2020
Post category:Litigation & Arbitration

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…

Stay Pending Arbitration : Too late for Stay after Judgment in Default is entered?
[Tindak Murni Sdn Bhd v Juang Setia Sdn Bhd]
[03-2-11/2018(B) & 02(i)-104-11/2018(B)]

Post author:zmm_editor
Post published:08/04/2020
Post category:Litigation & Arbitration

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,…

Unconditional and Irrevocable Guarantees : Substance over label in restraining call on performance bond / guarantee
KNM Process Systems Sdn Bhd v Lukoil Uzbekistan Operating Company LLC W-02(C)(A)-1504-07/2018

Post author:zmm_editor
Post published:31/03/2020
Post category:Construction & Energy Litigation & Arbitration
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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…

ZMM Digest 2019: Construction • Adjudication • Arbitration

Post author:zmm_editor
Post published:24/03/2020
Post category:Construction & Energy Litigation & Arbitration
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View PDF If your browser does not support PDF. Please click here to view it:Download PDF If you have any questions or comments on this article, please contact:- Andrew Heng…

Condition Precedent : Stay Pending Mediation – Ohpen Operations UK Limited v Invesco Fund Managers Limited [2019] EWHC 2246 (TCC)

Post author:zmm_editor
Post published:04/09/2019
Post category:Litigation & Arbitration
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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…

Dismissal of Winding Up Petition When There is An Arbitration Agreement? – Awangsa Bina Sdn Bhd v Mayland Avenue Sdn Bhd [Case No. WA-28NCC-1146-12/2018]

Post author:zmm_editor
Post published:31/05/2019
Post category:Litigation & Arbitration
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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...

Navigating Through the Maze of Liquidated Ascertained Damages Clause and Forfeiture of Deposit:
Cubic Electronics Sdn Bhd (In Liquidation) V Mars Telecommunication Sdn Bhd Appeal
No. 02(F) – 64 – 09/2016 (W)

Post author:zmm_editor
Post published:07/03/2019
Post category:Construction & Energy Litigation Litigation & Arbitration
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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…

Foreign Exclusive Jurisdiction Clause and Forum Conveniens : Stay of Proceedings – World Triathlon Corporation v SRS Sports Centre Sdn Bhd [2018] MYCA 248

Post author:zmm_editor
Post published:12/09/2018
Post category:Litigation & Arbitration
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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 and adjudicate disputes arising from…

Stay of Court Proceedings pending Arbitration against Non-Parties to Arbitration Agreement – Protasco Bhd v Tey Por Yee and Another Appeal [2018] MYCA 47

Post author:zmm_editor
Post published:29/08/2018
Post category:Litigation & Arbitration

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 stay of legal proceedings pending…

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

Post author:zmm_editor
Post published:23/05/2018
Post category:Litigation & Arbitration
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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 International Manage (Maldives) Pvt Ltd…

Enhancing Party Autonomy in Arbitration : Parliament passed the Arbitration (Amendment) (No.2) Bill 2018

Post author:zmm_editor
Post published:10/04/2018
Post category:Litigation & Arbitration
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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 Bill include:-(a) Extension of the arbitral…