Articles | Donovan & Ho, Advocates & Solicitors

Case Spotlight: Merits of Arbitration Claim an Important Factor in Security for Costs

May 24, 2024 | Dispute Resolution

Under Section 11 of the Arbitration Act 2005, parties in arbitration may apply to the High Court for...
Case Spotlight: Can a Construction Sub-Contractor be sued by the Employer for Negligence?

Apr 25, 2024 | Dispute Resolution

In construction projects, there is no privity of contract between a sub-contractor and the employer ...
What is Willful Blindness?

Apr 09, 2024 | Dispute Resolution

The familiar saying, “turning a blind eye,” takes on new significance when it comes to t...
Case Spotlight: Seat of Arbitration in Domestic Arbitration

Mar 27, 2024 | Dispute Resolution

The “seat of arbitration” refers to the jurisdiction in which the arbitration takes place. It do...
Case Spotlight: Can a Sub-Contractor Claim Against the Employer Even If They Did Not Have a Contractual Relationship?

Feb 26, 2024 | Dispute Resolution

Quantum meruit means “as much as one has deserved”. It is a claim for a reasonable sum for the s...
Case Spotlight – How Long Do You Have To Enforce an Arbitration Award?

Sep 27, 2023 | Dispute Resolution

You have 6 years from the date of your arbitration award to have it recognised and registered as a c...
Case Spotlight – Are Retention Sums Treated as Trust Money?

Sep 25, 2023 | Dispute Resolution

Construction contracts commonly give employers the right to retain a percentage of the certified sum...
Case Spotlight – Must a Local Authority Give Reasons For Its Decisions?

Sep 21, 2023 | Dispute Resolution

Members of the public are constantly faced with the consequences of decisions made by the government...
Misusing the Court Process: The Tort of Collateral Abuse

Jun 15, 2023 | Dispute Resolution

Litigation can be time-consuming and costly, which is why it should only be used for legitimate purp...
Can All Claims be Appealed from the Subordinate Court to the High Court?

May 09, 2023 | Dispute Resolution

Losing a case is disheartening, but litigants have the option of appealing most decisions to a highe...
Employees Cannot Sue for Damages for Unfair Dismissal in Civil Courts

Apr 07, 2023 | Dispute Resolution, Employment Law

In a landmark decision, the Court of Appeal in 7-Eleven Malaysia Sdn Bhd v Ashvine A/P Hari Krishnan...
Key Points in an Arbitration Agreement

Feb 15, 2023 | Dispute Resolution

Section 2 of the Malaysian Arbitration Act 2005 (“Act”) gives a general definition of what is an...
So You’ve Been Sued, What Now?

Feb 10, 2023 | Dispute Resolution

Your company has received a “Writ Saman” (Writ of Summons) and “Pernyataan Tuntutan” (Statem...
Construction Case Spotlight: Can You Get Paid Without a Certificate?

Jan 26, 2023 | Dispute Resolution

In construction projects, disputes arise when a party withholds or refuses to issue the certificates...
Case Spotlight: When can a landlord charge double rent?

Jan 11, 2023 | Dispute Resolution

It is not uncommon that there are tenants who remain on the premises beyond the expiry of their tena...