by DNH (BD) | Oct 19, 2020 | Dispute Resolution
In Malaysia, an arbitration award can be set aside if it is in breach of the “rules of natural justice” (section 37(2)(b) of the Arbitration Act 2005, or “the Act”). The Federal Court in Pancaran Prima Sdn Bhd v Iswarabena Sdn Bhd [Civil Appeal No. 02(f)-26-03 &...
by DNH (BD) | Aug 21, 2020 | Dispute Resolution, Employment Law
The long-awaited COVID-19 legislation (Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Bill 2020) was tabled for first reading in the Dewan Rakyat on 12 August 2020. The Bill seeks to provide temporary relief to those who may have had...
by DNH (BD) | Jul 20, 2020 | Dispute Resolution
More parties are choosing arbitration as an avenue to resolve disputes for reasons such as flexibility as well as confidentiality in the proceedings, and the ease of enforceability of arbitration awards in various jurisdictions. Under Malaysian law, arbitration awards...
by DNH (BD) | Jun 24, 2020 | Dispute Resolution
On 7.6.2020, the Government announced that the Conditional Movement Control Order (“CMCO”) will be replaced by the Recovery Movement Control Order (“RMCO”). Some activities within Strata schemes/buildings that were previously prohibited through the CMCO are now...
by DNH (BD) | Jun 15, 2020 | Dispute Resolution
The High Court in the case of SS Precast Sdn Bhd v Serba Dinamik Group Bhd & Ors [2020] MLJU 400 recently discussed the novel issue of the validity of online hearings and the use of unaffirmed affidavits for court proceedings during the Movement Control...
by DNH (BD) | May 27, 2020 | Dispute Resolution
Any request for payment is not an easy task. In the construction industry, cash flow efficiency and non-payment are common issues. However, through the introduction of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”), there is now a...