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…
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…
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…
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…
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…
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…
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…