Category Archives: ILO

Competing claims in curial and arbitral proceedings: recent anti-arbitration injunction developments

Are the Malaysian courts adopting a minimalist judicial intervention approach in considering anti-arbitration injunctions? This article discusses the recent Federal Court decision of Jaya Sudhir a/l Jayaram v Nautical Supreme Sdn Bhd and two recent high court decisions that made reference thereto.

Can management corporations stop parcel owners from operating Airbnbs?

Introduction The emerging practice of the sharing economy, often known as the peer-to-peer economy, is well known. Airbnb and other short-term rental platforms are some examples of the disruptive sharing economy innovations for the hospitality industry. This has garnered the interest of property owners in listing their residential units with these platforms for short-term rental….

From bare trustee to chargee: does registration of a charge assure an indefeasible interest?

Introduction Modelled after the Australian Torrens System, the concept of indefeasibility is the cornerstone of Peninsular Malaysia’s land administration system, which is embodied in Section 340 of the National Land Code 1965. Once an interest is registered in the title of a property, it is immune against any adverse claims. While disputes on indefeasibility are…

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CIPAA: court has no discretion to set aside adjudicator’s costs order

Introduction The Construction Industry Payment Adjudication Act 2012 (CIPAA) was enacted to alleviate payment problems in the construction industry by allowing any payment dispute to be resolved speedily through adjudication. However, the losing party may opt to set aside or stay an adjudication decision pursuant to Sections 15 and 16 of the CIPAA. On the…

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Section 30 of CIPAA: apex court maintains mandatory direct payment obligation against employer under receivership

Introduction The direct payment made by an employer of a construction project to a subcontractor is a key feature of statutory adjudication in Malaysia. In BHL Gemilang Sdn Bhd v CT Indah Construction Sdn Bhd,(1) the apex court refused to disturb the Court of Appeal’s landmark ruling which tests the efficacy of the direct payment…

Embassy dismisses employee: exercise of jure imperii or act of jure gestionis?

In The United States of America v Menteri Sumber Manusia Malaysia,(1) the high court faced a judicial review application filed by the United States in Malaysia. The facts leading to the application were uncommon and the court considered a novel aspect of industrial law jurisprudence in Malaysia. Facts The applicant (the United States) filed the…

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Apex court rules that maintenance charges owed by parcel proprietors constitute unsecured debts

Introduction As a statutory creature under the Strata Titles Act 1985,(1) a management corporation (MC) is tasked to maintain and manage subdivided buildings and their common properties, such as common facilities, in a good state. An MC may impose and collect maintenance charges from the parcel proprietors of subdivided buildings in accordance with the Strata…

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Utility innovation infringement and invalidation disputes

Introduction In general, when an individual asks “how can I protect my invention?”, only one answer comes to mind: patents. While this is not wrong, most individuals are unaware of the patent’s lesser-known sibling – the utility innovation. Utility innovations are commonly known as ‘minor’ or ‘petty’ patents. Much like patents, owners of a granted…

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