Perspectives – Gan Partnership

Article

Liquidated damages – second bite of the cherry?

June 14, 2022

It is not always the case that purchasers can claim for liquidated damages against developers...

Article

Is a company bound by a contract made prior to its incorporation?

May 31, 2022

Are pre-incorporation contracts enforceable ? Our Gan Khong Aik and Lee Sze Ching (Ashley) shed...

Article

Limits to Adjudicators’ Powers

May 12, 2022

Our Tasha Lim discusses the High Court’s decision in Cescon Engineers Sdn Bhd v Pesat...

Article

Housing Developers Breathe a Sigh of Relief-The Alvin Leong Saga (Part II)

April 20, 2022

This is a sequel to our article titled “Housing Developers Breathe a Sigh of Relief...

Article

Arbitrate – yay or nay?

April 20, 2022

Our Foo Joon Liang and Carissa How explain why it is important to make a...

Article

Material Changes to the Patents Act 1983

April 13, 2022

The new Patents (Amendment) Act 2022 came into force on 18.3.2022. The changes of which...

Article

Construction contracts: no relief against government under section 7 of Covid-19 Act

March 29, 2022

Our Foo Joon Liang and Benjamin Kho explore whether Section 7 of the Covid 19...

Article

Who owns the IP created by an AI?

March 25, 2022

Our Lim Zhi Jian and Matthew Ho discuss who owns the intellectual property rights created...

Article

Restricted from counterclaiming based on adjudication decision?

March 1, 2022

Our Foo Joon Liang and Tasha Lim Yi Chien explore whether parties are restricted from counterclaiming...

Article

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

February 9, 2022

Article

Tackling forced labour issue in Malaysia

February 9, 2022

Article

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

November 16, 2021

Article News

“Liable jointly and severally” – what is the implication?

September 27, 2021

Article

Interpretation of Statute & Contract: Apex Court favours “Commerciality” over “Illegality”

September 13, 2021

Article ILO News & Events

Adjudicator is Bias for Unreasonable Deadlines & Failure to Account for MCO Restrictions

September 6, 2021

ILO News & Events

Covid Act: “Inability to Perform Contractual Obligation” tested in Courts

August 25, 2021

Article News & Events

Winding up petition based on adjudication decision under CIPAA – Court of Appeal reaffirms Likas Bay

August 23, 2021

Article News & Events

亚洲国际仲裁中心仲裁规则2021

August 9, 2021

Article News & Events

AIAC Arbitration Rules 2021

August 9, 2021

Article News & Events

Housing Developers Breathe a Sigh of Relief – The Alvin Leong Saga

July 30, 2021

Article ILO News & Events

CIPAA: clash of stay applications and enforcement orders

July 20, 2021

Article ILO News & Events

Challenging compensation for acquired land: high court is the final avenue

July 15, 2021

Article News

Court of Appeal sets aside decision in US embassy employee dismissal case

July 9, 2021

Article News & Events

Hearsay Evidence in Expert Reports – General and Specific Hearsay

July 6, 2021

Article News & Events

YouTube’s landmark Copyright win

June 23, 2021

ILO News & Events

Oppression actions: court’s discretion has limits

June 23, 2021

ILO News & Events

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

June 17, 2021

ILO News & Events

CIPAA: adjudicators’ powers to order remedies and interest when payment clause is unenforceable

May 27, 2021

Article News & Events

Is my name truly mine? – Mohammad Hafiz bin Hamidun v. Kamdar Sdn Berhad

May 25, 2021

Article News & Events

Statutory oppression action: apex court confirms that remedies may extend to directors and third parties

May 12, 2021

Article ILO

Apex court considers application of Prest in piercing corporate veil

May 5, 2021

Article

CIPAA: Only Qualified Advocates for Adjudications in East Malaysia?

April 30, 2021

Article News & Events

Section 30 of CIPAA – A Road Less Travelled, Now Widened

April 6, 2021

ILO News & Events

Challenging a Liquidator’s Decision to admit a Proof of Debt

March 31, 2021

Article News & Events

No escape from paying minimum wage

March 29, 2021

Article News & Events

First Charge under Section 17A of the MACC Act

March 18, 2021

Article News

A Contractor’s Claims in Adjudication against the Sub-Contractor

March 9, 2021

ILO News & Events

Calling on performance bonds: new test for unconscionability?

February 24, 2021

Article News & Events

Injunctions against Shopee?

February 8, 2021

ILO News & Events

Federal Court rules that termination clauses should be construed strictly

February 3, 2021

Article News & Events

Housing Developers Beware – The Aftermath of PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor

February 2, 2021

Article News & Events

Reminder by SC – What do you know about prospectus under CMSA?

January 27, 2021

Article Covid-19 News & Events

Has COVID-19 ended Inter-state Case Transfer?

January 25, 2021

Article News & Events

Do you need a licence from the SC to provide investment advice?

January 20, 2021

Article News & Events

Housing Developers Beware – Federal Court Upholds Faber Union

January 19, 2021

Article News

Understanding the Proclamation of Emergency in Malaysia

January 18, 2021

Article Covid-19 News & Events

Patents (Waiver of Fee) Regulations 2020

January 6, 2021

Article Covid-19 News & Events

Trademarks (Waiver and Modification of Fee) Regulations 2020

January 5, 2021

Article News

Oppression vs Derivative Actions: The Court’s Wide Discretion Maintained

December 31, 2020

Article News

New Procedure to Challenge an Industrial Court Award: Does it matter?

December 30, 2020

Article News

The Right to Sue a Consultant – Who does it lie with?

December 28, 2020

Article News News & Events

The Malaysian Budget 2021: Key Measures for SMEs, MSMEs and Entrepreneurs

December 22, 2020

ILO News News & Events

Consequential order: functus officio rule stretched for interest of justice

December 2, 2020

Article News & Events

Directorship of the Former Director of the Asian International Arbitration Centre (AIAC) is non-justiciable

November 24, 2020

ILO

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

November 18, 2020

Article Covid-19 News

COVID-19 Act – Helps or hurts?

November 16, 2020

Article Covid-19 News

COVID-19 Act: The Protections for Housing Developers and Homebuyers

November 12, 2020

Article ILO

Can management corporations stop parcel owners from operating Airbnbs?

November 11, 2020

Article Covid-19 News & Events

COVID-19 Act: The Impact on Construction Contracts and Construction Disputes

November 11, 2020

Article News & Events

Derivative Proceedings – Leave of Court a Substantive Requirement of Law

November 2, 2020

Article Covid-19

Understanding the Impact of the COVID-19 Act 2020 on your contractual obligation to pay (Part 2)

October 26, 2020

Article Covid-19

A Bird’s Eye View: Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020 – Where do I go from here? (Part 1)

October 23, 2020

Article

Oops, the name is already taken

October 15, 2020

ILO

Post-ASM: is an adjudication decision a disputed debt?

October 13, 2020

ILO

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

October 6, 2020

ILO

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

September 15, 2020

ILO News & Events

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

September 8, 2020

ILO

Apex court decides on validity and effects of retrospective sanction by liquidators

August 25, 2020

ILO

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

August 18, 2020

ILO

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

August 11, 2020

ILO

Utility innovation infringement and invalidation disputes

August 4, 2020

ILO

Section 314 of Companies Act: court orders one- member extraordinary general meeting

July 21, 2020

ILO

Apex court rules that foreign employee on successive fixed-term contract is permanent employee

July 14, 2020

ILO

Courts’ discretion to hold virtual hearings

June 16, 2020

Article

Section 17A MACC Act: What are the lessons learnt from foreign case studies?

June 1, 2020

ILO

Whole arbitration award or just dispositive portion: what should be registered with the courts?

May 26, 2020

Article

Section 17A MACC Act: Have you adopted “Adequate Procedures”?

May 26, 2020

Article Covid-19

COVID-19 & Construction Sites: Effects of CMCO on Extension of Time and Loss & Expense Claims

May 21, 2020

ILO

Solicitors cannot repudiate solicitor-client relationship unless properly ended

May 19, 2020

Article

Corporate Liability under Section 17A MACC 2009 – How to safeguard your company against corporate corruption?

May 18, 2020

Article Covid-19

COVID-19: The Duty of JMB/MC in Managing the Stratified Development Area during CMCO

May 15, 2020

ILO

Attorney general’s discretion is not unfettered

May 14, 2020

Covid-19 ILO

COVID-19: courts go online to regulate administration of justice

May 12, 2020

Article

Origin of Section 17A of MACC Act: Lessons from the UK Experience

May 6, 2020

ILO

Arbitration clauses — an overriding promise?

April 28, 2020

ILO

ICSID arbitration

April 23, 2020

Article Covid-19

COVID-19 – Movement Control Order and its Effect on Construction Contracts

April 12, 2020

ILO

Court rules on challenges to AIAC and statutory adjudication

April 7, 2020

Article Covid-19

COVID-19: Legal Mechanisms for Companies and Individuals Facing Financial Distress

April 6, 2020

ILO

High court grants injunction to restrain winding-up proceeding based on disputed adjudication decision

March 31, 2020

Article Covid-19

Embrace the storms of the Movement Control Order (MCO)

March 31, 2020

Article

Covid-19, The Movement Control Order, and Liability under Business Interruption Insurance Policies

March 27, 2020

Article

COURT RULED ON THE CHALLENGES TO THE AIAC AND STATUTORY ADJUDICATION

March 20, 2020

ILO

Apex court finds controller of housing’s powers to waive or modify provisions of statutory contract invalid

February 25, 2020

ILO

Stricter confidentiality obligation on lawyers

February 20, 2020

ILO

Direct payment under CIPAA where main contractor is in liquidation

January 21, 2020

ILO

Federal Court rules that Arbitration Act provisions do not apply to non-parties to arbitration agreements

October 22, 2019

ILO

Proper construction of Section 93(3) of Bankruptcy Act and Rule 276 of Bankruptcy Rules

July 30, 2019

ILO

Federal Court will not condone irregularities in court orders

January 29, 2019

Article

DOES CIPAA APPLY RETROSPECTIVELY – The decision of Bauer (M) Sdn Bhd v Jack-In- Pile (M) Sdn Bhd [2018] 4 MLJ 640

September 27, 2018

Article

CIPAA ADJUDICATION – WHAT HAS CHANGED SINCE VIEW ESTEEM SDN BHD v BINA PURI HOLDINGS BHD

September 27, 2018

ILO

Lower threshold for staying proceedings pending appeal

September 25, 2018

ILO

Dishonesty must be present before debtor in assignment can be made liable

June 19, 2018

ILO

Court rules on applicable test in medical negligence suits

December 5, 2017

ILO

Court rules that stay of proceedings is mandatory

April 18, 2017

ILO

Federal Court spells out restriction for notices of cross-appeal

January 10, 2017

ILO

Courts weigh in on requirements for breach of confidentiality claims

October 18, 2016

ILO

High court cannot transfer proceedings to another high court of coordinate jurisdiction

May 17, 2016