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,...
by DNH (BD) | May 9, 2023 | Dispute Resolution
Losing a case is disheartening, but litigants have the option of appealing most decisions to a higher court. Not all claims can be appealed as of right. Section 28(1)(a) of the Courts of Judicature Act 1964 (“CJA”) provides that, among others, a matter cannot be...
by DNH (BD) | Apr 7, 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 (Civil Appeal No. W-02(IM)(NCVC)-629-04/2022) (“7-Eleven case”) has held that employees cannot sue their employers for damages for unfair dismissal in the civil court,...
by DNH (BD) | Feb 15, 2023 | Dispute Resolution
Section 2 of the Malaysian Arbitration Act 2005 (“Act”) gives a general definition of what is an arbitration agreement. Under the Act, an arbitration agreement is an agreement to submit to arbitration all or certain disputes which have arisen or which may arise...
by DNH (BD) | Feb 10, 2023 | Dispute Resolution
Your company has received a “Writ Saman” (Writ of Summons) and “Pernyataan Tuntutan” (Statement of Claim) from a law firm. What are the first immediate steps you need to attend to? Step 1: Read the Document Check that the Defendant named is correct Understand what...
by DNH (BD) | Jan 26, 2023 | Dispute Resolution
In construction projects, disputes arise when a party withholds or refuses to issue the certificates under the contract. The High Court case of Elite Alliance Engineering Sdn Bhd v Visi Nusajaya Sdn Bhd [2021] MLJU 2421 demonstrates that a contractor is still entitled...
