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In the first half of 2019, Malaysia’s Court of Appeal considered no less than four appeals relating to applications to restrain the calling of performance bonds in the construction sector. These applications were made in support of arbitration under Section 11(1)(f) and (h) of the Malaysian Arbitration Act 2005 (“Act”) (prior to its amendments in … Read more
In Jaks Island Circle Sdn Bhd v Star Media Group Bhd and Another (Originating Summons No. WA-24C(ARB)-11-02/2018), the Malaysian High Court considered whether an inquiry of damages arising out of an undertaking by an applicant to pay damages for an injunction wrongly granted by a court in support of arbitration proceedings should await the outcome … Read more
Please click here to preview this publication. As a result of a rise in global economic activities around the region, Asia is experiencing the inevitable increase in commercial and investment disputes, both litigation and arbitration, with a multi-jurisdictional dimension. Our updated Guide to Dispute Resolution in Asia Pacific aims to provide answers to some of … Read more
The Singapore High Court (the “Court”) has refused to set aside an interim anti-suit injunction ordered by an arbitral tribunal (the “Tribunal”) in the case of PT Pukuafu Indah and others v Newmont Indonesia Ltd and another [2012] SGHC 187. It rejected the application on the grounds that, in contrast to its ability to set … Read more