Construction Industry Payment & Adjudication Act 2012 : CIPAA Applies Prospectively & Not Retrospectively
Construction Industry Payment & Adjudication Act 2012 : CIPAA Applies Prospectively & Not Retrospectively [Revised & published in March 2018] The Court of Appeal in the recent case of Bauer (Malaysia) Sdn Bhd v Jack-In Pile (M) Sdn Bhd [B-02(C)(A)-1187-06/2017] held that the Construction Industry Payment and Adjudication Act 2012 [“CIPAA”] applies prospectively and not […]
Enhancing Party Autonomy in Arbitration : Parliament passed the Arbitration (Amendment) (No.2) Bill 2018
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 tribunal’s powers to order interim measure under s.19 AA […]
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
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 […]
No Oral Modification [“NOM”] Clause : Parties Autonomy vs. Commercial Certainty – Rock Advertising Limited (Respondent) v MWB Business Exchange Centres Limited (Appellant) [2018] UKSC 24
No Oral Modification [“NOM”] Clause : Parties Autonomy vs. Commercial Certainty – Rock Advertising Limited (Respondent) v MWB Business Exchange Centres Limited (Appellant) [2018] UKSC 24 “No Oral Modification” Clause The “prohibition” against oral variation of contract via a No Oral Modification [“NOM”] clause raises several interesting questions:- (a) If parties have the autonomy to […]
Stay of Court Proceedings pending Arbitration against Non-Parties to Arbitration Agreement – Protasco Bhd v Tey Por Yee and Another Appeal [2018] MYCA 47
Stay of Court Proceedings pending Arbitration against Non-Parties to Arbitration Agreement – Protasco Bhd v Tey Por Yee and Another Appeal [2018] MYCA 47 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 arbitration pursuant to section […]