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

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…

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

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]

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...

Continue ReadingDismissal 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]

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)

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…

Continue ReadingNavigating 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)

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 and adjudicate disputes arising from…

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

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 stay of legal proceedings pending…

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

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 International Manage (Maldives) Pvt Ltd…

Continue ReadingUpholding 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

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 Bill include:-(a)  Extension of the arbitral…

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

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