CIPAA 2012 : CIPAA Claims Against A Sole Proprietor
Hongler Enterprise Sdn Bhd v Chai Hon Sang (trading as Hock Seng Trading & Construction) [WA-24C-130-08/2023]
View PDF 23rd October 2024 ISSUES There is no prohibition to initiate adjudication proceedings against a sole proprietor under the Construction Industry Payment and Adjudication
Stay Pending Arbitration : Incorporation of Arbitration Agreement by Reference in Recitals?
Gise Kam Kwan International Trade Ltd v Antara Steel Mills Sdn Bhd [W-02(IM)(NCvC)-2329-12/2022]
View PDF 30th September 2024 ISSUES Section 9(5) of the Arbitration Act 2005 (“AA 2005”) provides that, where a contract refers to a document containing
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