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]
View PDF 27th June 2025 ISSUES An arbitration agreement is defined as “an agreement by the parties to submit to arbitration all or certain disputes
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]]
View PDF 30th May 2025 ISSUES Article 34(3) of the UNCITRAL Arbitration Rules, which is part of the Asian International Arbitration Centre (“AIAC”) Rules, requires
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