CIPAA 2012 : Court of Appeal Clarifies the Status of Registered and Unregistered Adjudication Decisions in Winding-Up Proceedings
VKPT Sdn Bhd v LLC Infra Sdn Bhd [W-02(NCC)(A)-171-02/2025]
If the adjudication decision has not been registered under section 28 of CIPAA, can the debtor company nevertheless dispute the debt in the winding-up proceedings? Conversely, if the adjudication decision has been registered under section 28, does the debt become indisputable, or may it still be challenged and, if so, on what grounds?
Stay Pending Arbitration: Federal Court Clarifies the Approach to “Steps in the Proceedings”
Universiti Malaya v Esa Jurutera Perunding Sdn Bhd [2026] 6 CLJ 497
The Federal Court provided further guidance on the approach to determining whether a party has taken “steps in the proceedings” for the purposes of section 10 of the Arbitration Act 2005.
CIPAA 2012 : Limits to Adjudicator’s Role as Master of Procedure and Distinction between Certified & Uncertified Claims
Pung Tiong Gee & Anor v Fortune Facade Treatment Sdn Bhd [W-02-(C)(A)-1131-06/2025]
Adjudicators are often described as the “master of procedure”. However, are such procedural powers without limits? Can an adjudicator’s procedural directions override a party’s statutory rights under the Construction Industry Payment and Adjudication Act 2012?
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]
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?
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
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?
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
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?
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]
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?
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
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”).
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
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?