High Court refuses indemnity costs on successful application for referral to arbitration and determines the effect of time bars on a tribunal’s jurisdiction

    Following the High Court decision in Lineclear Motion Pictures Sdn Bhd v Measat Broadcast Network Systems Sdn Bhd, a party seeking indemnity costs upon successfully obtaining a stay bears the burden to demonstrate unreasonable conduct by the breaching party, and reasonable conduct on its own part, to obtain indemnity costs. Read more

    Shariah partnerships: Mudarabah and Musharakah compared

    A mudarabah is an arrangement where two or more parties collaborate for a common commercial purpose, while maintaining distinct roles. A musharakah, however, is akin to a conventional partnership under which two or more parties contribute towards the capital of a joint underlying commercial venture in the expectation of profits. Read more

    High Court declines to stay arbitration proceedings on the basis of a non-signatory’s allegation of bribery and corruption underlying the contract

    In Vertex Superieur Sdn Bhd & Anor v Shell Malaysia Trading Sdn Bhd, the High Court refused to stay court proceedings brought in breach of an arbitration agreement on the basis that it was in the public interest that allegations by a non-signatory that an underlying contract was procured by private bribery and corruption should be tried expeditiously through court proceedings. Read more

    Launch of AIAC Arbitration Rules 2021

    The Asian International Arbitration Centre has launched the latest revisions to its Arbitration Rules, following their last update in 2018. Upon coming into effect on 1 August 2021, the AIAC Arbitration Rules 2021 will apply to all AIAC arbitrations commenced after this date unless parties agree otherwise. Read more

    Competition law: increased scrutiny on dominant enterprises

    The last few years have seen an increase in the level of enforcement by the Competition Commission (MyCC), and this trend is set to continue. It is important for both local and foreign enterprises to be aware of the implications of the MyCC's increased level of activity. Read more

    Green Sukuk – current issues and the way forward

    With increasing awareness and concern about climate change and socially responsible financing, there is a continuing trend in the Islamic financing market for the issuances of green sukuk. Closely resembling green bonds, the emergence of the green sukuk is a natural evolution in Islamic financing. Read more