Malaysian High Court implies additional duties for experts

Peter Godwin, Craig Shepherd, Tse Wei Lim and Charlene Kong  For the first time, the Malaysian High Court has found that party-appointed experts owe implied duties to the court.  It is well-established that expert witnesses owe a duty to assist courts and arbitrators, but this is typically understood as requiring experts to provide their evidence … Read more

Sanctions and Material Adverse Change Provisions

Craig Shepherd and Arnold Hoong have recently published an article in the Global Arbitration Review’s Asia-Pacific Arbitration Review 2023 on the contractual effects of sanctions on construction projects. The article explored the effect of sanctions on contractual obligations within projects in the Asia-Pacific region as well as globally, and discusses what project owners and contractors … Read more

Getting paid: A New Bill to streamline Construction Disputes in Thailand

Construction disputes between contractors and employers in Thailand can take years to be resolved in court or arbitration. This can result in construction work being delayed and sometimes abandoned, and contractors facing financial difficulties. In response, Thailand is considering the introduction of a draft bill titled “Act on the Settlement of Disputes regarding Payment in Construction Contracts”. Read more