Articles | Donovan & Ho, Advocates & Solicitors

Case Spotlight: Is The Land Register The Final Say on Land Ownership?

Mar 07, 2025 | Dispute Resolution

Land law in Malaysia follows the Torrens System, where the land register is everything. Indefeasibility is the key principle of…...
Case Spotlight: Can an Arbitral Award be Oral?

Feb 28, 2025 | Dispute Resolution

Introduction The Federal Court case of Telekom Malaysia Bhd v Obnet Sdn Bhd [2024] MLJU 2661 highlights a significant legal…...
Case Spotlight: Withdrawal of Creditor’s Petition Does Not Automatically Terminate Bankruptcy Proceedings

Feb 17, 2025 | Dispute Resolution

This Federal Court case of Abdul Rashid bin Mohamad Isa v PTT International Trading Pte Ltd [2024] 5 MLJ 1…...
Enforceability of Training Bond Agreements

Feb 05, 2025 | Dispute Resolution, Employment Law

Training bond agreements are increasingly common, where employers invest in their employees’ training and development in exchange for the employee’s…...
What is Ad Hoc Arbitration?

Jan 23, 2025 | Dispute Resolution

Ad hoc arbitration is a form of arbitration where there is no specific institution chosen by parties to administer the…...
Case Spotlight: Exorbitant Interest on Friendly Loan is Illegal Money Lending

Dec 06, 2024 | Dispute Resolution

Friendly loans are common and are generally enforceable in Court. Illegal money lending, however, is not. The Court will not…...
Case Spotlight: Limitation Period When Arbitration is Commenced after Litigation

Nov 15, 2024 | Dispute Resolution

Resolving a dispute in arbitration is by consent of parties, and this consent is reflected in an arbitration agreement embedded…...
Enforcing Monetary Judgments: Practical Considerations

Nov 11, 2024 | Dispute Resolution

You have fought a legal battle and successfully secured a monetary judgment from the Court. However, the victory is hollow…...
Case Spotlight: Stay of Adjudication Decision (After Enforcement Order Is Granted)

Oct 11, 2024 | Dispute Resolution

Under Section 16 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”), one may apply to the High Court…...
Case Spotlight: Arbitration Agreements can Survive Liquidation

Sep 25, 2024 | Dispute Resolution

It is common for agreements to have clauses that provide for termination upon the liquidation of a party to that…...
Case Spotlight: Defamation by Half-Truths

Aug 30, 2024 | Dispute Resolution

“This concept (of half-truth) would create legal absurdities as the appellant was found liable for defamation based on the statement…...
Case Spotlight: The Arbitration (Amendment) Bill 2024

Jul 26, 2024 | Dispute Resolution

The Arbitration (Amendment) Bill 2024 (“Bill”) was passed by the Dewan Rakyat on 16 July 2024, and passed by the…...
Case Spotlight: Consequences of Non-Payment of Arbitration Deposit

Jul 12, 2024 | Dispute Resolution

Case Spotlight: Consequences of Non-Payment of Arbitration Deposit In arbitration the common practice is for parties to share arbitration costs…...
Case Spotlight: Citing Contract Clauses in Adjudication

Jun 08, 2024 | Dispute Resolution

The Federal Court handed down a decision which saw divergence in the conclusions reached by the panel, and is one…...
What is the AIAC Fast Track Procedure?

Jun 06, 2024 | Dispute Resolution

The Asian International Arbitration Centre (AIAC)’s Fast Track Procedure under the AIAC Arbitration Rules 2023 provides for expedited arbitration proceedings,…...