Arbitrator’s Duty To Disclose Prior Relationships
In Low Koh Hwa v Persatuan Kanak-Kanak Spastik Selangor & Wilayah Persekutuan and another case [2021] 10 MLJ 262, the High Court set aside an arbitration award on the ground that the arbitrator had breached his duties under Section 14(1) and (2) of the Arbitration Act 2005 (“the Act”) in failing to provide full and […]
Test to Challenge Arbitration Agreements
The cornerstone of arbitration is party autonomy i.e., the freedom of parties to agree to submit disputes to arbitration. This consensus will be embodied in the form of an arbitration agreement which Section 9(3) of the Arbitration Act 2005 (‘AA 2005’) prescribes must be in written form. The power of consensus in arbitration can be […]
Caution for experts
It is now commonplace for experts to be employed to determine either quantum or delay in construction disputes. O. 40A r. 2 Rules of Court 2012 (“ROC 2012”) stipulates that the duty of the expert is to assist the Court on matters within his/her expertise, and that in doing so, the expert’s duty to the […]
Need to plead your cause at first instance
The case of Yap Seong Yee v Eureka Property Management Sdn Bhd and another appeal [2018] 6 MLJ 799 concerned a dispute over a property transaction. Madam Yap Seong Yee (“Mdm Yap”) had initially entered into a sale and purchase agreement with Eureka Property Management Sdn Bhd (“Eureka”), but that transaction entered into dispute. Eureka sued […]
Summary determination in arbitration compared to summary judgement in litigation
On the 1st of August 2021, the Asian International Arbitration Centre (‘AIAC’) published the new AIAC Arbitration Rules 2021 (‘2021 Rules’). One of the new changes brought by the 2021 Rules is the introduction of a summary determination mechanism under Rule 19 as a method of speedily disposing disputes between parties. Albeit new to arbitration […]
How do you recognize a valid agent? The Court of Appeal case of Posca Daewoo Malaysia v Tenaga Wan Bersaudara
Posco Daewoo Malaysia Sdn Bhd (PDM) entered into 3 credit facility agreements (CFAs) with Tenaga Wan Bersaudara Sdn Bhd (TWB) to finance the importation of cars into Malaysia. All transactions on behalf of TWB was handled by a man named “Chua”. Out of 8 transactions, 6 went smoothly whilst Chua requested for deferment of payment […]
Procedures for Arbitration in Malaysia
Arbitration is an established form of alternative dispute resolution (ADR) and has been popular in solving both domestic and international disputes. Like court proceedings, arbitration involves a neutral third party who will decide on the outcome of the proceedings. Unlike court proceedings, arbitration is less formal and can take place anywhere. If you are about […]
The test for breach of fiduciary duty
Prepared by: Rachel Chong ([email protected]), Corporate Associate at Messrs Chong + Kheng Hoe.
Directors’ Duties and Responsibilities – Infographic
Prepared by: Rachel Chong ([email protected]), Corporate Associate of Messrs Chong + Kheng Hoe.
Strengthening Stakeholder Management and Investor Relations
‘Strengthening Stakeholder Management and Investor Relations’ is the third digital Guidebook of the Public Listed Companies Transformation (“PLCT”) Programme, published on 19 August 2022. The objective of the PLCT Programme is to raise the stature of Corporate Malaysia and help increase the attractiveness of investing in public limited companies (“PLCs”) through accelerating its growth strategies […]
