How far do you need to go to show defects?
The Temporary Measures for Reducing the Impact of Coronavirus Disease Act 2019: Is it a Vaccine or a Mere Placebo?
The global impact of the Covid-19 pandemic is undeniable. Until today, the world has yet to recover from the pandemic and its effects. Many industries continue to struggle, and the construction industry is not immune from the adverse effects of the pandemic. In an attempt to reduce the impact of the pandemic, Parliament introduced the […]
Can a CIPAA decision won by a foreign company be stayed?
Construction Law Malaysia: Technical objections when enforcing CIPAA decision
Which High Court to determine the enforcement and setting aside of a domestic arbitration award
In Masenang Sdn Bhd v Sabanilam Enterprise Sdn Bhd [2021] 6 MLJ 255, the Federal Court had occasion to consider the jurisdiction of the High Courts of Malaya and of Sabah and Sarawak with regard to the enforcement and setting aside of a domestic arbitration award. Facts Masenang was a contractor and Sabanilam was the […]
OF DATES, ESTOPPEL AND ADJUDICATOR’S PRIOR EXPERIENCE
It is common belief that adjudications unduly favour the unpaid party and that attempts to set aside the decision are ordinarily unsuccessful. This is due to the courts adopting a pro-adjudication policy, whereby adjudication decisions can only be set aside for failure of process and not by reason of the merits of the decision itself. […]
The aftermath of Binance
Those familiar with the cryptocurrency scene in Malaysia would have definitely heard of Binance – the world’s largest cryptocurrency exchange by trading volume (source:coinmarketcap.com) which all this while, has been unlicensed and unregulated in Malaysia. On 30.07.2021, the Securities Commission Malaysia (“SC”) announced that it will be taking enforcement actions against Binance for illegally operating a Digital Asset Exchange (“DAX”) in Malaysia. Under Sections 7(1) and 34(1) of the Capital […]
TEST FOR BIAS AGAINST AN ADJUDICATOR
S 15 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) provides that an aggrieved party may apply to the High Court to set aside an adjudication decision if “(c) the adjudicator has not acted independently or impartially”. This sounds very akin to the rule against bias which is generally accepted as the […]
When does cause of action arise in a claim against a consultant?
Introduction The recent decision of Pembinaan BLT Sdn Bhd v Nazarin (NBM) Sdn Bhd & Ors highlight a slight discrepancy in timing as to when a cause of action may arise against a consultant. This is important because under the Limitation Act 1953, a claim may be barred by limitation after the expiry of 6 […]
Damages in construction contracts
Damages is simply the compensation that a contracting party claims against the other contracting party for breaches of contract. In construction contracts, the nature of damages would ordinarily be the additional costs incurred. These additional costs may arise from a multitude of factors including variations, delays, disruption, acts of prevention by the Employer, acceleration costs, design issues, suspension and termination of […]
