In UDA Land Sdn Bhd v Puncak Sepakat Sdn Bhd [2020] MLJU 892, the High Court was required to determine whether an award should be set aside because the sole arbitrator (“Arbitrator”) wrongly concluded that it had no jurisdiction to determine a counterclaim and insolvency set-off raised in the arbitration.  The High Court set aside … Read more

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

In Malaysian Bio-Xcell Sdn Bhd v Lebas Technologies Sdn Bhd and another appeal (Civil Appeal Nos. W-02(IM)(C)-1532-07/2018 and W-02(IM)(C)-1533-07/2018), the Court of Appeal determined, for the first time, an application to suspend the enforcement of an award on the basis that the award has not yet become binding on the parties to the award. Faced … Read more

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