COVID-19 Pandemic: Are Contracts Being Frustrated?
IntroductionForce Majeure has been a topical subject during the current Covid-19 pandemic. We should keep in mind that force majeure is a creature of contract. This means that:- a party could only utilise force majeure if there is such clause under the contract they have entered into; and how force majeure is to applied to […]
Winding-up Petition: No Longer An Effective Tool For Adjudication Decisions?
ASM Development (KL) Sdn Bhd v. Econpile (M) Sdn Bhd [Suit No: WA-24NCC-363-07/2019] Court Tier (if applicable) High Court Summary: The High Court does not consider an enforced adjudication decision equivalent to a judgment of the High Court. This is apparent from the […]
Arbitration in Malaysia
Many have heard about the Courts when facing a legal dispute. However, there are fewer who have heard about “arbitration”. Fashioned as an alternative dispute resolution, arbitration actually has a long history of application in today’s world and one of its key features are the “confidentiality” and “enforceability” components. What is “Arbitration”? Arbitration is […]
Final Claims are Adjudicatible under CIPAA 2012
Martego Sdn Bhd v Arkitek Meor & Chew Sdn Bhd (Civil Appeal No: 02(f)-2-01/2018(W) Court Tier (if applicable) Federal Court Malaysia Summary: Adjudication decisions under the CIPAA 2012 need not be registered and enforced as a Court judgment before a winding-up notice and proceedings starts. However, if the winning party […]
Adjudication Decisions: No Longer The Need for Enforcement?
Case Details: Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 MLJ 244 Court Tier (if applicable) Court of Appeal Malaysia Summary: Adjudication decisions under the CIPAA 2012 need not be registered and enforced as a Court judgment before a winding-up notice and proceedings starts. However, if the […]
Easier Way to Seek for Unpaid Construction Claims
Summary or Take-Away Points: Construction adjudication provides for a quicker and simpler way for contractors to claim for their unpaid construction claims. The law governing construction adjudication in Malaysia is the Construction Industry Payment And Adjudication Act, 2012. The “appointing authority” and “administrator” for construction adjudication in Malaysia is the Asian International Arbitration Centre (formerly […]
Proving Actual Loss for Liquidated Damages: A Bygone?
Case Details: Cubic Electronics Sdn Bhd (In Liquidation) v Mars Telecommunications Sdn Bhd (Civil Appeal No: 02(f) – 64 – 09/2016 (W)) Court Tier (if applicable) Federal Court of Malaysia Summary Strict proof of actual or genuine loss in forfeiting deposits or a claim for damages as compensation is no […]
