MALAYSIA: HIGH COURT REFUSES INDEMNITY COSTS ON SUCCESSFUL APPLICATION FOR REFERRAL TO ARBITRATION AND DETERMINES THE EFFECT OF TIME BARS ON A TRIBUNAL’S JURISDICTION

In Lineclear Motion Pictures Sdn Bhd v Measat Broadcast Network Systems Sdn Bhd (High Court Civil Appeal No.: WA-12ANCC-45-04/2021), the High Court refused to award indemnity costs to a party who successfully obtained a stay of court proceedings under section 10 of the Arbitration Act 2005 (“Act“), on the basis of the conduct of the … Read more

UNCITRAL PUBLISHES EXPEDITED ARBITRATION RULES

In December 2020, we reported that the Working Group II of the United Nations Commission on International Trade Law’s (UNCITRAL) had prepared draft expedited arbitration provisions for the UNCITRAL Arbitration Rules. UNCITRAL adopted the expedited arbitration provisions (the EAPs) in July 2021. The EAPs entered into force on 19 September 2021. The full text is … Read more

HONG KONG COURT CONSIDERS PERMISSIVE ARBITRATION CLAUSES

The Hong Kong Court of First Instance has stayed an action to arbitration where the agreement provided that disputes “may” be referred to arbitration. Kinli Civil Engineering Limited v Geotech Engineering Limited [2021] HKCFI 2503 Background Kinli commenced court proceedings to recover HKD 4,055,696.83, which it argued was due and owing from Geotech under a … Read more