by DNH (BD) | 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 in the main contract between them. As such, if one party decides to ignore the arbitration agreement and instead commence an action in the...
by DNH (BD) | 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 if the opposing party refuses to comply. As a Judgment Creditor, what can you do next? Methods of Enforcement There are a number of ways to...
by DNH (BD) | 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 to stay an adjudication decision if an application to set aside the adjudication decision has been made, or if the subject matter of the...
by DNH (BD) | 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 agreement. However, the Court of Appeal case of Peninsula Education (Setia Alam) Sdn Bhd (previously known as Segi International Learning Alliance Sdn Bhd)...
by DNH (BD) | 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 she did not make” argued counsel in a recent case before the Federal Court of Malaysia. Despite this contention, the Court rules in...
by DNH (BD) | 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 Dewan Negara on 24 July 2024. There are a few key changes to the Arbitration Act 2005 proposed under the Bill that aims to elevate the arbitration scene...
