by DNH (BD) | Mar 27, 2024 | Dispute Resolution
The “seat of arbitration” refers to the jurisdiction in which the arbitration takes place. It does not refer to a physical venue, but instead to the law that governs the arbitration’s procedure. In domestic arbitrations (ie: arbitrations that involve no international...
by DNH (BD) | Feb 26, 2024 | Dispute Resolution
Quantum meruit means “as much as one has deserved”. It is a claim for a reasonable sum for the services supplied, where the services supplied was not compensated. In a construction contract, the main beneficiary of the services of the contractors and sub-contractors...
by DNH (BD) | Sep 27, 2023 | Dispute Resolution
You have 6 years from the date of your arbitration award to have it recognised and registered as a court judgment. Thereafter, you have another 12 years from the date of the arbitration award being registered, for it to be enforced against the judgment debtor. The...
by DNH (BD) | Sep 25, 2023 | Dispute Resolution
Construction contracts commonly give employers the right to retain a percentage of the certified sums of work done, known as retention sums. The purpose of the retention sum is to secure performance by the contractor, and it will usually be released upon certain...
by DNH (BD) | Sep 21, 2023 | Dispute Resolution
Members of the public are constantly faced with the consequences of decisions made by the government of the day and statutory bodies. It is natural to expect that one would therefore have access to the rationale behind important determinations that directly impact...
by DNH (BD) | Jun 15, 2023 | Dispute Resolution
Litigation can be time-consuming and costly, which is why it should only be used for legitimate purposes. However, some parties misuse the court’s litigation process for their own ends. This led to the establishment of the tort of collateral abuse. In Malaysia,...
