Author Archives: glawadmin

Restricted from counterclaiming based on adjudication decision?

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…

Unravelling validity of tenancy agreement that contravenes land’s express condition

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 the commercial use of land, where the express condition was…

We are recruiting

We are now recruiting for a highly experienced chief litigation clerk who ideally meet the following requirements: Has been working for a firm of at least 20 lawyers; Has been on supervisory or managerial role for at least 15 years; Must possess knowledge of the Malaysian court procedures from subordinate courts to appellate courts As…

Failure to mediate before arbitration is question of admissibility, not jurisdiction

Our Foo Joon Liang and Tasha Lim discuss Malaysian courts’ approach in dealing with the issue whether the failure to mediate before arbitration is question of admissibility rather than jurisdiction. Introduction The UK Commercial Court recently considered whether a party’s failure to comply with a pre-condition that parties mediate before referring the dispute to arbitration…

YouTube’s landmark Copyright win

In the long-running battle between Europe’s $1 trillion creative industry and online platforms, the European Court of Justice ruled that Google’s YouTube and other online platforms are not liable for copyright-infringing works uploaded by users.

Court rules that management corporation may sue developer for latent defects in common property

A statutory duty to “properly maintain the common property and keep it in a state of good and serviceable repair” shifts between a developer, a joint management committee and a management corporation subject to the timeline provided in the Strata Management Act 2013. However, when the baton is passed to a management corporation, does the management corporation have standing to sue the developer for any defects in the common property?