ZMM

CIPAA 2012 : Section 30 Direct Payment – Timing of Notice and “Money Due or Payable”Tri Pacific Engineering Sdn Bhd v KL Eco City Sdn Bhd [W-02-(C)(A)-1102-07/2024]

zmm_editor — Wed, 29 Apr 2026 02:49:36 +0000

What happens if the notice for direct payment is issued before the time for payment under the adjudication decision has expired? Further, how should the Court determine whether there is “money due or payable” at the material time, particularly where sums are subject to retention, set-off, or deductions under a settlement agreement?

The post CIPAA 2012 : Section 30 Direct Payment – Timing of Notice and “Money Due or Payable”

Tri Pacific Engineering Sdn Bhd v KL Eco City Sdn Bhd [W-02-(C)(A)-1102-07/2024] appeared first on ZMM.

Stay Pending Arbitration: If the Liquidator Does Nothing, Does the Arbitration Clause Survive?Hashim Abdul Razak & Ors v Pembinaan PD Jaya Sdn Bhd (In Liquidation) [2026] 3 CLJ 22

zmm_editor — Mon, 30 Mar 2026 01:07:56 +0000

Does the winding up of a company or the bankruptcy of a person render the arbitration agreement inoperative, thereby defeating the mandatory stay or justifying the setting aside of an existing stay?

The post Stay Pending Arbitration: If the Liquidator Does Nothing, Does the Arbitration Clause Survive?

Hashim Abdul Razak & Ors v Pembinaan PD Jaya Sdn Bhd (In Liquidation) [2026] 3 CLJ 22 appeared first on ZMM.

Enforcement of Arbitral Award Following Court-Ordered ArbitrationPembinaan Jaya Zira Sdn Bhd v Sungai Lui Construction & Development Sdn Bhd & Another Appeal (W-02(C)(A)-538-04/2025 & W-02(C)(A)-547-04/2025

zmm_editor — Wed, 25 Feb 2026 01:53:15 +0000

In construction disputes, parties typically refer their disputes to arbitration based on the arbitration clause in their construction contracts. However, is there any distinction between arbitration commenced by agreement of the parties and court-referred arbitration?

The post Enforcement of Arbitral Award Following Court-Ordered Arbitration

Pembinaan Jaya Zira Sdn Bhd v Sungai Lui Construction & Development Sdn Bhd & Another Appeal (W-02(C)(A)-538-04/2025 & W-02(C)(A)-547-04/2025 appeared first on ZMM.

On Demand Performance Bond : Unconscionable to Demand when Works Completed?Pengerang Refining Company Sdn Bhd v Sinopec Engineering (Group) Co Ltd & Anor [W-02(C)(A)-565-04/2025 & W-02(IM)(C)-558-04/2025]

zmm_editor — Wed, 28 Jan 2026 03:45:12 +0000

Where a project is completed, would a demand on the performance bond be unconscionable? Can an employer withhold certification of completion on the basis of unpaid LAD by the contractor and thereafter make a demand on the performance bond?

The post On Demand Performance Bond : Unconscionable to Demand when Works Completed?

Pengerang Refining Company Sdn Bhd v Sinopec Engineering (Group) Co Ltd & Anor [W-02(C)(A)-565-04/2025 & W-02(IM)(C)-558-04/2025] appeared first on ZMM.

Foreign Arbitral Award : Enforcement Confined to Arbitration Act or Extends to Reciprocal Enforcement of Judgments Act?ING Bank NV & Anor v Tumpuan Megah Development Sdn Bhd [2025] 8 CLJ 873

zmm_editor — Mon, 29 Dec 2025 04:01:18 +0000

The primary issue in this case is whether a foreign arbitral award that has been converted into a judgment in the seat country may be enforced in Malaysia under the Reciprocal Enforcement of Judgments Act 1958 (“REJA”), or whether enforcement is confined to the Arbitration Act 2005 (“MAA”).

The post Foreign Arbitral Award : Enforcement Confined to Arbitration Act or Extends to Reciprocal Enforcement of Judgments Act?

ING Bank NV & Anor v Tumpuan Megah Development Sdn Bhd [2025] 8 CLJ 873 appeared first on ZMM.

Consideration in Contract Variations: Fresh Consideration, Extrinsic Evidence and the Limits of Parties’ IntentionKuala Dimensi Sdn Bhd v Port Kelang Authority [2025] 3 CLJ 497

zmm_editor — Fri, 28 Nov 2025 00:50:17 +0000

Can contracting parties mutually agree to vary the terms of the agreement, specifically the agreement on consideration? If a variation of the consideration clause is executed with the agreement of contracting parties, can the varied clause nevertheless be rendered null and void under Section 26 of the Contracts Act 1950 (“CA 1950”)? Further, where a party alleges that consideration is absent, must consideration be proved solely within the four corners of the written agreement, or may it also be established through extrinsic evidence?

The post Consideration in Contract Variations: Fresh Consideration, Extrinsic Evidence and the Limits of Parties’ Intention

Kuala Dimensi Sdn Bhd v Port Kelang Authority [2025] 3 CLJ 497 appeared first on ZMM.

Setting Aside of Arbitration Award : Estoppel by Conduct and the Risks of SilenceOne Amerin Residence Sdn Bhd v Ragawang Corporation Sdn Bhd [B-02(C)(A)-2128-12/2023]

zmm_editor — Wed, 22 Oct 2025 02:07:04 +0000

Where multiple arbitrations are commenced under the same contract, disputes may arise not only on the merits but also on jurisdiction, including whether certain claims are arbitrable or have already been decided. Can a party who had earlier argued that a claim was premature later take the opposite position, asserting that the same claim had already been decided?

The post Setting Aside of Arbitration Award : Estoppel by Conduct and the Risks of Silence

One Amerin Residence Sdn Bhd v Ragawang Corporation Sdn Bhd [B-02(C)(A)-2128-12/2023] appeared first on ZMM.

AIAC Arbitration Rules 2026 – What’s new?

zmm_editor — Fri, 10 Oct 2025 08:32:23 +0000

On 9 October 2025, the Asian International Arbitration Centre (AIAC) have launched the AIAC Suite of Rules 2026, an updated set of rules to their predecessors. This major update would introduce six new rules/guidelines, including the AIAC Arbitration Rules 2026.

The post AIAC Arbitration Rules 2026 – What’s new? appeared first on ZMM.

Company Law : Boundary Between Oppression Actions and Derivative ActionsLow Cheng Teik & Ors v Low Ean Nee [2024] 5 MLJ 579

zmm_editor — Wed, 01 Oct 2025 01:50:12 +0000

While the derivative action under section 347 Companies Act 2016 (“CA 2016”) allows shareholders to sue on behalf of the company, the oppression remedy under section 346 CA 2016 enables them to sue in their own capacity, but only if the harm suffered is distinct and personal.

The post Company Law : Boundary Between Oppression Actions and Derivative Actions

Low Cheng Teik & Ors v Low Ean Nee [2024] 5 MLJ 579 appeared first on ZMM.

Extension of Time : Time is of the Essence Despite Absence of an Express EOT Clause?Savelite Engineering Sdn Bhd v Askey Media Technology Sdn Bhd [2025] CLJU 1808

zmm_editor — Tue, 30 Sep 2025 02:22:21 +0000

When a construction contract is silent on extensions of time, does this mean that time is no longer of the essence, or can the courts still imply an EOT clause to give effect to the parties’ intentions?

The post Extension of Time : Time is of the Essence Despite Absence of an Express EOT Clause?

Savelite Engineering Sdn Bhd v Askey Media Technology Sdn Bhd [2025] CLJU 1808 appeared first on ZMM.