Stay Pending Arbitration : Arbitration Agreement Becomes Inoperative After Company Wound Up? – Revisited. Peninsula Education (Setia Alam) Sdn Bhd v Biaxis (M) Sdn Bhd [B-02(IM)(C)-1834-11/2023]
View PDF 28th August 2024 ISSUES Where the underlying contract in the disputes before the Court contains an arbitration clause / agreement, the Defendant may
Fortuna Injunction : Lower Threshold Test Where There Is An Arbitration Agreement? Swissray Asia Healthcare Co Ltd v V Medical Services M Sdn Bhd [2023] CLJU 1358
View PDF 31st July 2024 ISSUES Prior to presentation of a winding up petition, the creditor may serve a Statutory Notice of Demand, or what is
Stay Pending Arbitration : Limitation Stops When Action Commences In Civil Suit – Revisited. Bongsor Bina Sdn. Bhd. v SH Builders & Marketing Sdn. Bhd. [W-02(C)(A)-2315-12/2022]
View PDF 28th June 2024 ISSUES For the purposes of computing limitation in arbitration, limitation stops running when the claimant commences arbitration by serving the
CIPAA 2012 : Can a Stay be Granted after an Adjudication Decision is enforced?
Econpile (M) Sdn Bhd v ASM Development (KL) Sdn Bhd & Anor Case [2024] 5 CLJ 16
View PDF 22nd May 2024 ISSUES It is not uncommon for the losing party to file an application to set aside an adjudication decision and/or
CIPAA 2012 : Money Due Or Payable – The Over-Arching Pre-Condition for Direct Payment From Principal? JDI Builtech (M) Sdn Bhd v Danga Jed Development Malaysia Sdn Bhd [J-02(C)(A)-1066-06/2022]
View PDF 24th April 2024 ISSUES To trigger direct payment under section 30 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”), the
CIPAA 2012 : Limitation to an Adjudicator’s Jurisdiction
Anas Construction Sdn Bhd v JKP Sdn Bhd & Another Appeal [02(F)-3-01/2023(P)/ 02(F)-4-01/2023(P)]
View PDF 27th March 2024 ISSUES If an Adjudicator made a decision based on contract provision not cited or relied upon by the Appellant in
Stay Pending Arbitration: Request for Extension of Time to File Defence Tantamount to Taking Steps in Proceedings?
Airbus Helicopters Malaysia Sdn Bhd (formerly known as Eurocopter Malaysia Sdn Bhd) v Aerial Power Lines Sdn Bhd [W-02(IM)(NCvC)-1888-10/2022]
View PDF 21st February 2024 ISSUES It is not uncommon for Defendants to request for extension of time to file their defence, especially when the
Stay Pending Arbitration: Arbitration Agreement Becomes Inoperative After Company Wound Up? Biaxis (M) Sdn Bhd (In Liquidation) v Peninsula Education (Setia Alam) Sdn Bhd [BA-22C-7-03/2023]
Often time, contracting parties would agree to refer their contractual disputes to arbitration and an arbitration clause would be inserted into the contract. Arbitration clauses are also commonplace in most standard form of construction contracts. These arbitration clauses are known as arbitration agreement and are treated as a standalone agreement which would survive termination of the main contract.
Stay Pending Arbitration: Hybrid Striking Out & Stay Application and Failure to Pay Deposit for Arbitrator’s / Administrative Fees JSB v ACSB [2023] MLJU 2406
View PDF 29th December 2023 ISSUES Under Section 10 of the Arbitration Act 2005 (“AA 2005”), a stay of proceedings is mandatory where the matter