Setting Aside of Arbitration Award : Group of Companies Doctrine and Binding Non-Signatories to Arbitration Agreements
PT Wijaya Karya (Persero) TBK & Anor v Zecon Berhad & Anor [2025] CLJU 1220
It is not uncommon for a group of companies to deploy multiple entities within the group to carry out a project undertaken by one of its companies (the “Principal Company”). This often occurs when assistance from other group entities is required to support the performance of a contract signed by the Principal Company.
But what if the main agreement signed by the Principal Company contains an arbitration clause, while the other entities assisting in contract performance are not parties to that agreement?
CIPAA 2012: Is Retention Sum “Money Due or Payable” by the Principal Post-Termination of the Main Contractor?
Kinu Sdn Bhd v Kerajaan Malaysia (Jabatan Kerja Raya Malaysia) [W-01(C)(A)-523-08/2024]
Section 30 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) enables a subcontractor to request direct payment from the principal or employer if the main contractor fails to pay the adjudicated amount in favour of the subcontractor, and where there is money due or payable by the employer to the main contractor. However, would the employer still be considered a “principal” for the purposes of Section 30 if the main contract restricts the main contractor from awarding the subcontract in the first place?
Stay Pending Arbitration : When Parties have the Option to Arbitrate or to Litigate in Court
Setia Awan Management Sdn Bhd v SPNB Aspirasi Sdn Bhd [2025] CLJU 982
What if the dispute resolution clause under the contract gives the parties the option to either arbitrate or litigate in Court? Can such a clause still be considered as an arbitration agreement? If so, would it be “null and void, inoperative or incapable of being performed” due to lack of certainty?
Setting Aside of Arbitration Award : Duty to Provide a Reasoned Award and to Consider Parties’ Submissions
Kebabangan Petroleum Operating Company Sdn Bhd v Malaysia Marine and Heavy Engineering Sdn Bhd [W-02(C)(A)-1836-09/2022]
Could an application to set aside an award be sustained on the ground of a failure to provide reasons, assuming the parties had agreed to adopt the UNCITRAL or AIAC Rules? If on a reading of the award, it appears that the Tribunal had disregarded parties’ submissions or without considering the merits of parties’ submissions, would that tantamount to a breach of natural justice? Whilst natural justice does not require the Tribunal to respond to all of parties’ submissions, would the failure to address significant issues, which could have impacted the outcome of the award, constitute a breach of natural justice?
Fortuna Injunction : Lower Threshold Test Where There Is An Arbitration Agreement? – Revisited
V Medical Services M Sdn Bhd v Swissray Asia Healthcare Co. Ltd [02(f)-1-02/2024(W)]
View PDF 30th April 2025 ISSUES The English Court of Appeal decision of Salford Estates (No 2) Ltd v Altomart Ltd (No 2) [2014] EWCA
CIPAA 2012 : Prohibition of Conditional Payment Clause extends beyond Adjudication Proceedings?
SPM Energy Sdn Bhd & Anor v Multi Discovery Sdn Bhd [B-02(NCvC)(W)-1669-09/2022]
View PDF 28th March 2025 ISSUES Section 35 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) prohibits conditional payment clauses and such
Stay Pending Arbitration : Applications for Extension of Time, Issuance of Notice to Produce Documents and Filing of Defence constitute to “Steps in Proceedings”?
Esa Jurutera Perunding Sdn Bhd v Universiti Malaya [W-01(IM)(C)-105-03/2023]
View PDF 26th February 2025 ISSUES As long as there is a valid arbitration agreement that is capable of performance, a stay of proceedings pending
Setting Aside of Arbitration Award : Time Limit on Submission of Draft Final Award for Technical Review & Effects on Tribunal’s Mandate & Jurisdiction
Setiakon Builders Sdn Bhd v Bellworth Development Sdn Bhd [WA-24C(ARB)-35-08/2023 & WA-24C(ARB)-41-09/2024]
View PDF 24th January 2025 ISSUES Under the Arbitration Act 2005 (“AA 2005”), an award made by the Arbitral Tribunal pursuant to an arbitration agreement
Bifurcated Arbitral Proceedings : Validity of Oral Pronouncement on Liability
Telekom Malaysia Bhd v Obnet Sdn Bhd [2025] 1 CLJ 17
View PDF 30th December 2024 ISSUES The arbitral tribunal may determine the disputes of the parties in 2 different tranches, where the first tranche will