Malaysia: High Court considers validity of applications determined through remote hearings during the Movement Control Order

In SS Precast Sdn Bhd v Serba Dinamik Group Bhd & Ors (Civil Suit No. BA-22C-6-03), the High Court considered the validity of the remote hearing of three applications conducted through Skype during the enforcement of Malaysia’s Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) Regulations 2020 (“Movement Control Order”). The decision … Read more

Malaysian Court of Appeal considers injunctions to restrain the calling of performance bonds in support of arbitration

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