Malaysian Court finds that non-payment of arbitration fees alone will not render arbitration agreement inoperable

Refusing to pay arbitration deposits is a common strategy employed by parties to delay or make proceedings difficult for the counterparty. The recent case of JKP Sdn Bhd v Anas Construction Sdn Bhd clarifies that the effects of non-payment of arbitration fees are fact sensitive, and finds that non-payment alone will not always result in the arbitration agreement becoming inoperable. Read more

Malaysian High Court implies additional duties for experts

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 independently and impartially. Read more