Are pre-incorporation contracts enforceable ? Our Gan Khong Aik and Lee Sze Ching (Ashley) shed light on the question through the case of Dae Hanguru Infra Sdn Bhd v Baldah Toyyibah (Prasarana) Kelantan Sdn Bhd. Introduction At common law, a company that is yet to be incorporated cannot enter into a contract, as it is…
Author Archives: glawadmin-EN
17
May
May
We are delighted to share that our firm is named among the winners of the Malaysia Law Firm Awards 2022 in the category of IP Protection awarded by Asia Business Law Journal. Click here to read more.
12
May
May
Our Tasha Lim discusses the High Court’s decision in Cescon Engineers Sdn Bhd v Pesat Bumi Sdn Bhd and another case [2022] 9 MLJ 79 with respect to adjudicators’ powers. Introduction Adjudicators are granted wide discretionary powers under section 25 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA). The High Court recently discussed…
20
Apr
Apr
This is a sequel to our article titled “Housing Developers Breathe a Sigh of Relief – The Alvin Leong Saga”. Click here to read more.
20
Apr
Apr
Our Foo Joon Liang and Carissa How explain why it is important to make a firm choice – whether or not to arbitrate. Introduction Whether or not to arbitrate is a common question. Those in favour of arbitration find that there is less rigidity to the overall process of dispute resolution, where party autonomy reigns,…
13
Apr
Apr
The new Patents (Amendment) Act 2022 came into force on 18.3.2022. The changes of which brings Malaysia more in line with current international patent treaties. Sit tight as our Alex Choo and Matthew Ho illuminate on the various changes to the patent landscape. Click here to read the article.
29
Mar
Mar
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) continues to raise riveting legal issues in the Malaysian courts. In SN Akmida Holdings Sdn Bhd v Kerajaan Malaysia,(2) a Malaysian high court was…
25
Mar
Mar
Our Lim Zhi Jian and Matthew Ho discuss who owns the intellectual property rights created by an Artificial Intelligence (AI). Read more here
01
Mar
Mar
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 Construction Industry Payment and Adjudication Act 2012 (CIPAA). However, in a situation where one half of the…