Author Archives: glawadmin-EN

Defining the Limits of Arbitral Discretion

Is an arbitrator’s discretion in determining the conduct of the arbitration absolute? The Federal Court’s decision in Telekom Malaysia Bhd v Obnet Sdn Bhd [2025] 1 CLJ 17 raises significant questions about the boundaries of arbitral discretion – particularly the enforceability of its oral decision. We explore the apex court’s decision in our latest article.仲裁员在决定仲裁程序的进行方式时是否拥有绝对的自由裁量权?联邦法院在 Telekom Malaysia Bhd…

Understanding Flexible Working Arrangements

With the release of the Guidelines for Implementation of Flexible Work Arrangements (“𝗚𝘂𝗶𝗱𝗲𝗹𝗶𝗻𝗲𝘀”), both employers and employees are now equipped with a clearer framework to navigate Flexible Work Arrangements (“𝗙𝗪𝗔”), including application procedures and mutual responsibilities.  This article breaks down the key takeaways you should know in relation to the Guidelines and implementation of FWA….

The Introduction of the AIAC Court of Arbitration – The Unresolved Issues of Immunities

With the passing of the Arbitration (Amendment) Act 2024, Malaysia has restructured the Asian International Arbitration Centre (AIAC), replacing the Director with the President of the AIAC Court of Arbitration. This shift centralizes decision-making in arbitration and adjudication appointments, but it also raises critical legal questions—does the President enjoy the same immunities as the former…

Supplementary Agreement without Fresh Consideration – Valid or Void?

Can a supplemental agreement that varies the consideration in the main contract be valid without fresh consideration? Our Tasha Lim and Tze Thung Chin dive into the Federal Court’s decision in 𝗣𝗼𝗿𝘁 𝗞𝗲𝗹𝗮𝗻𝗴 𝗔𝘂𝘁𝗵𝗼𝗿𝗶𝘁𝘆 𝘃 𝗞𝘂𝗮𝗹𝗮 𝗗𝗶𝗺𝗲𝗻𝘀𝗶 𝗦𝗱𝗻 𝗕𝗵𝗱 to find out.

Avoiding Constructive Dismissal in Employee Transfers

Ensuring that transfers of employees comply with existing employment contracts is crucial for employers.  A recent case involving three employees of Perodua Sales Sdn Bhd, who claimed constructive dismissal after receiving transfer notice, underscores this challenge.  In our latest article, we break down the Court of Appeal’s judgment and its implications for employers in handling…

The Devil’s in the Details

Introduction At the start of January 2024, the Federal Court has made significant decisions concerning the adjudication proceeding under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) that would change the future of adjudication. The majority judgment and dissenting judgment of Anas Construction Sdn Bhd v JKP Sdn Bhd and another appeal [2024] MLJU…