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

As the spotlight shines on mediated settlements with the signing of the Singapore Convention on Mediation on 7 August 2019, it is timely to recall that settlement agreements, like any other contract, are only as useful as they are enforceable.  While parties may often feel that they have completed the hard work in reaching a … Read more

After extensive discussions between member states, the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention, was signed today. A total of 46 countries signed the Convention, including the world’s two largest economies, the US and China, and several of the largest economies in Asia. This is the … Read more

Please click here to access a preview of the Guide. We are pleased to launch the 2019 edition of our Asia Pacific Guide to Privilege. Businesses are increasingly faced with multi-jurisdictional disputes where evidence rarely falls within the borders of a single country and complex legal privilege issues often surface when dealing with communications across multiple … Read more

As the number of cross-border disputes increase, it is becoming more common for parties to wish to enforce a court judgment issued in one jurisdiction in another jurisdiction.  In April 2019, Singapore’s Ministry of Law issued a public consultation paper on proposed amendments to Singapore’s regime for recognising and enforcing foreign judgments. Read more

Riding the wave of development Southeast Asian (SEA) competition law regimes have seen a flurry of activity recently, from comprehensive legislative reforms to developments in enforcement activity. Further changes are also expected at a regional level, as the Association of Southeast Asian Nations (ASEAN) network is reportedly considering establishing a regional enforcers’ network within 2018. … Read more

This year marks the 60th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, the “New York Convention”. Widely seen as one of the most successful international law treaties, the New York Convention was the foundation for the successful growth of arbitration as a preferred method for resolving international business … Read more