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
CIPAA 2012 : Examining the Limits of Cross-Claims in Adjudication
Tera VA Sdn Bhd v Ayam Bintang Istimewa Sdn Bhd [B-02(C)(A)-1948-11/2023 & B-02(C)(A)-1949-11/2023]
View PDF 27th November 2024 ISSUES It is common for a respondent to raise a set off or crossclaim as a defence to a Payment
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