Category Archives: News & Events

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…

Business Continuity Post-MCO: From Financial Distress Management to Corporate Rescue Mechanism

The unprecedented outbreak of COVID-19 worldwide has placed the global economy in recession since late March. Business continuity is a major concern for business owners in view of the world economy outlook, including entrepreneurs in Malaysia following the implementation of 28-day Movement Control Order to control the pandemic outbreak. Local businesses have been reported to…

VIRTUAL HEARING IN ARBITRATIONS – WILL THIS BE THE NEW NORM?

The global lockdown in many key economies has installed a new norm. Dispute resolution processes are not spared. While domestic courts race against time to structure online platforms for court-facilitated dispute resolution, arbitrations have long had the flexibility and the agility to proceed remotely on virtual platforms. Up until now, virtual facilities have largely been…

Practical Steps To Manage Early Stages Of Dispute Resolution

The current COVID-19 crisis has caused authorities to implement unprecedented measures around the world to curb the spread of the virus whilst restricting activities which affects every industry whether manufacturing, transport, agriculture, energy, oil & gas, financial services, automotive, aviation, maritime, tourism, construction and real estate. It is inevitable that any knock-on effects to these…

COVID-19 and the Construction Industry – The Expert’s Viewpoint

This webinar seeks to address: What aspects of a construction project would be affected by COVID-19 or the Movement Control Order (MCO)? Most standard form contracts would treat the MCO as a delaying event, and provide for an EOT. What happens after the MCO is lifted – is COVID-19 bigger than the MCO? Could further…