Loss & Expense : “Within” and “Beyond” Reasonable Contemplation
Jabatan Kerja Raya Malaysia & Kerajaan Malaysia v Sunissa Sdn Bhd [2022] 1 LNS 1119 [Court of Appeal]
View PDF 30th December 2022 Previously, the High Court in Sunissa Sdn Bhd v Kerajaan Malaysia & Anor [2020] MLJU 283 (see our update here)
CIPAA 2012: Direct Payment from Principal and the Retrospective Effect of Ireka and Jack-in-Pile cases
IT Max Engineering Sdn Bhd v Propel Synergy Sdn Bhd [2021] 1 LNS 105
View PDF 12th May 2021 Issues In Ireka Engineering & Construction Sdn Bhd v. PWC Corporation Sdn Bhd [2020] 1 CLJ 193 and Jack-in Pile
CIPAA 2012 : Early Court Intervention and Definition of “Occupation” under Section 3
Liew Piang Voon v WLT Project Management Sdn bhd [2020] 1 LNS 1105
View PDF 23rd December 2020 Issues Section 3 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) provides that CIPAA 2012 does not
CIPAA 2012 : Winding Up based on CIPAA Adjudication Decision
Revisited Maju Holdings Sdn Bhd v Spring Energy Sdn Bhd
View PDF 16th December 2020 Issues In Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 CLJ 499 (“Likas Bay”), the Court
Setting Aside of Arbitration Award: Timeline for Delivery of Award – Procedural or Jurisdictional?
RKT Nusantara Sdn. Bhd. v Ken Grouting Sdn. Bhd. & Another Appeal [W-02(C)(A)-1560-07/2018] [W-02(C)(A)-1562-07/2018]
View PDF 09th December 2020 Issues Where the agreed arbitration rules provide for a specific timeline for delivery of the arbitration award, will such provision
CIPAA 2012: Easing Contractors’ Cash Flow – “Pay Now, Argue Later”
Construction Industry Payment and Adjudication Act 2012
View PDF Introduction Cashflow continuity is of paramount importance to the construction industry. However, contractors are often times faced with issues on payment, or lack
CIPAA Adjudication: Novation Agreement and Adjudication Decision (Computation of time and Corrections)
Encorp Iskandar Development Sdn Bhd v. Konsortium Ipmines Merz Sdn Bhd [2020] 1 LNS 1129
View PDF Issues As the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) only have prospective effect, any payment dispute(s) arising from construction contracts
Setting Aside of Arbitral Award: Breach of Natural Justice and Prejudice
Master Mulia Sdn Bhd v Sigur Rus Sdn Bhd [2020] 9 CLJ 213
View PDF 19th November 2020 Issues Is the High Court bound to set aside an arbitral award under Section 37 of the Arbitration Act 2005
Arbitration: Set-off Across Multiple Contracts, Each With Its Own Arbitration Agreement
Pertama Ferroalloys Sdn Bhd v SAC TEC (Malaysia) Sdn Bhd
WA-24NCC(ARB)-2-01/2020
View PDF 15th July 2020 Issues At times, a party may undertake several types of work under one project. This may result in multiple contracts