by DNH (BD) | 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 (eg: arbitrator’s fees, arbitration institute’s administrative fees) equally, until there is an award on liability. For...
by DNH (BD) | Jun 8, 2024 | Dispute Resolution
The Federal Court handed down a decision which saw divergence in the conclusions reached by the panel, and is one that will pave the way payment claims are drafted in adjudications under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”). This...
by DNH (BD) | Jun 6, 2024 | Dispute Resolution
The Asian International Arbitration Centre (AIAC)’s Fast Track Procedure under the AIAC Arbitration Rules 2023 provides for expedited arbitration proceedings, with shorter timelines for the disposal of the entire arbitration. [Schedule 4] What is the AIAC Fast Track...
by DNH (BD) | May 24, 2024 | Dispute Resolution
Under Section 11 of the Arbitration Act 2005, parties in arbitration may apply to the High Court for interim measures, including security for costs. In the case of Perbadanan Pengurusan City Plaza v Sigma Elevator (M) Sdn Bhd [2023] MLJU 3091, the Court of Appeal...
by DNH (BD) | Apr 25, 2024 | Dispute Resolution
In construction projects, there is no privity of contract between a sub-contractor and the employer of the project, even if the subcontractor is a nominated sub-contractor. However, suing a party for negligence does not require the existence of a contract. As such,...
by DNH (BD) | Apr 9, 2024 | Dispute Resolution
The familiar saying, “turning a blind eye,” takes on new significance when it comes to the legal concept of willful blindness. Contrary to the notion that ignorance is bliss, the law holds that being unaware or uninvolved is not a defence when it comes to...
