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
CIPAA 2012 : Direct Payment from Principal and Judicial Management Order
Concrete Empire Sdn Bhd v Turnpike Synergy Sdn Bhd [WA-24C-116-06/2022]
View PDF 22nd November 2023 ISSUES When the losing respondent does not make payment for the Adjudicated Sum under the Adjudication Decision to the claimant, the
On Demand Performance Guarantee: Unconscionability and Breach of the Underlying Principle Contract
Oxley Rising Sdn. Bhd. v Ssyangyong Engineering & Construction Co. Ltd. And Anor Appeal [W-02(C)(A)-274-02/2022 & W-02(IM)(C)-273-02/2022]
View PDF 31st October 2023 ISSUES It is a commonplace in the construction industry for the employer to require the contractor to provide a performance
CIPAA 2012 : “Adjudicated Amount” under Section 30 – Interest and Costs, Included or Otherwise?
Pali PTP Sdn Bhd v Bond M&E Sdn Bhd & Another Appeal [W-02(C)(A)-314-02/2021 / W-02(C)(A)-399-02/2021]
View PDF 27th September 2023 ISSUES Where a Principal is ordered to make payment of the “adjudicated amount” pursuant to Section 30 of Construction Industry
CIPAA 2012 : Forbearance, Estoppel and Ouster by Contract
Chua Heng Hong & Ors v S Lite Electrical and Engineering Sdn Bhd & Anor [2023] 1 LNS 335
View PDF 30th August 2023 ISSUES If a party has agreed to forbear payment for construction work, can such forbearance be a basis to apply
Stay Pending Arbitration & Anti-Arbitration Injunction : Arbitration Agreement Impugned with Allegation of Forgery
Macsteel International Far East Limited v Lysaght Corrugated Pipe Sdn Bhd and Another & 2 Other Appeals [W-02(IM)(NCC)-2002-10/2021 / W-02(IM)(NCC)-2003-10/2021 / W-02(IM)(NCC)-2004-10/2021]
View PDF 31st July 2023 ISSUES Where a contract contains an arbitration agreement and one of the contracting parties initiate a Court action, the counterparty
CIPAA 2012 : Setting Aside – Res Judicata & Excess of Jurisdiction. Can a new Adjudication be initiated and decided based on the same Adjudication papers?
Meridian Contracts Sdn Bhd v Bauer (Malaysia) Sdn Bhd
[WA-24C-137-07/2022]
View PDF 28th June 2023 ISSUES It is not uncommon for a claimant to initiate more than one adjudication under the Construction Industry Payment and
Liquidated Ascertained Damages : Can a Main Contractor impose LAD on a Nominated Subcontractor when the Employer did not impose any LAD?
Pantas Alam Sdn Bhd v Hau Wah Letrik Sdn Bhd [PA-22NCvC-18-01/2022]
View PDF 31st May 2023 ISSUES Often in a chain of construction contracts, when there is delay to the nominated subcontractor’s works, the delay may
CIPAA 2012 : Exceptional Circumstances for Conditional Stay of Adjudication Decision pending Litigation / Arbitration
Mudajaya Corporation Bhd v KWSL Builders Sdn Bhd and Anor Case [BA-24C-52-08/2022 & BA-24C-56-08/2022]
View PDF 19th April 2023 Issues The Federal Court in the case of View Esteem Sdn Bhd v Bina Puri Holdings Bhd [2019] 5 CLJ