Our Foo Joon Liang and Benjamin Kho explore whether Section 7 of the Covid-19 Act shields construction industry players in their contractual dealings with the government amid the Covid-19 pandemic. The Covid-19 Act(1) The Covid-19 Act continues to raise riveting legal...
Our Lim Zhi Jian and Matthew Ho discuss who owns the intellectual property rights created by an Artificial Intelligence (AI). Read more here.
Our Foo Joon Liang and Tasha Lim Yi Chien explore whether parties are restricted from counterclaiming based on the adjudication decision awarded against them. Introduction It is common for parties to refer their construction disputes to adjudication under the...
Our Tan Min Lee and Lee Hui Juan discuss the Federal Court’s decision in Singma Sawmill Co Sdn Bhd v Asian Holdings (Industrialised Buildings) Sdn Bhd. In Tan Sri Dato’ Lim Cheng Pow v Bellajade Sdn Bhd & Another Appeal(1), the key issue was whether a tenancy for...
Our Gan Khong Aik was interviewed by International Employment Lawyer on the issue of forced labour in Malaysia.
Our Foo Joon Liang and Tasha Lim discuss Malaysian courts’ approach in dealing with the issue of whether the failure to mediate before arbitration is a question of admissibility rather than jurisdiction. Introduction The UK Commercial Court recently considered whether...
If you have obtained a judgment in your favour against several judgment debtors but there is no mention in the judgment that they are liable jointly and severally for the judgment sum, what is your right against the debtors when it comes to enforcement of the judgment? This was the issue canvassed before the Federal Court in Lembaga Kumpulan Wang Simpanan Pekerja v Edwin Cassian Nagappan.
In Maple Amalgamated Sdn Bhd v Bank Pertanian Malaysia Bhd , the single specified issue before the Federal Court of Malaysia was whether an Islamic banking facility known as Bai Bithaman Ajil transaction is invalid for violating section 214A of the National Land Code. In dealing with that specific issue regarding BBA, the Federal Court also made broader pronouncements on the applicable legal principles when the Court is asked to invalidate a commercial transaction. The latter would have a much wider implication in the commercial world.
Whilst an adjudicator has wide discretionary powers under the Construction Industry Payment and Adjudication Act 2012, can such discretionary power disregard or bypass the restrictions provided in the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) Regulations 2020 [P.U. (A) 91/2020] more commonly known as the ‘Movement Control Order’?
The High Court upon scrutinising the adjudicator’s conduct in Itramas Technology Sdn Bhd v Savelite Engineering Sdn Bhd and other cases held that there was actual bias by the Adjudicator for amongst others, failing to give effect to the MCO.
Part II of the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 (“Covid Act”), which relieves contracting parties with inability to perform contractual obligations, has come into operation retrospectively on 18 March 2020 upon the enforcement of Covid Act on 23 October 2020. In June 2021, the former Minister in the Prime Minister’s Department (Parliament and Law) – Datuk Seri Takiyuddin Bin Hassan made another extension order to extend the operation period of Part II from 1 July 2021 to 31 December 2021.[2] Thus, for the time being, Part II protection is still available to eligible businesses at least until the end of this year.