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Creditors Taking Charge: High Court Appoints Interim Judicial Manager in Econpile (M) Sdn Bhd v ASM Development (KL) Sdn Bhd & Anor [2025] MLJU 2914
Defining the Limits of Arbitral Discretion
Is an arbitrator’s discretion in determining the conduct of the arbitration absolute? The Federal Court’s decision in Telekom Malaysia Bhd v Obnet Sdn Bhd [2025] 1 CLJ 17 raises significant questions about the boundaries of arbitral discretion – particularly regarding...
Understanding Flexible Working Arrangements
With the release of the Guidelines for the Implementation of Flexible Work Arrangements (“𝗚𝘂𝗶𝗱𝗲𝗹𝗶𝗻𝗲𝘀”), both employers and employees are now equipped with a clearer framework to navigate Flexible Work Arrangements (“𝗙𝗪𝗔”), including application procedures and mutual...
The Introduction of the AIAC Court of Arbitration – The Unresolved Issues of Immunities
With the passing of the Arbitration (Amendment) Act 2024, Malaysia has restructured the Asian International Arbitration Centre (AIAC), replacing the Director with the President of the AIAC Court of Arbitration. This shift centralizes decision-making in arbitration and...
Supplementary Agreement without Fresh Consideration – Valid or Void?
Can a supplemental agreement that varies the consideration in the main contract be valid without fresh consideration?Our Partner, Tasha Lim and Pupil, Tze Thung Chin, dive into the Federal Court’s decision in Port Kelang Authority v Kuala Dimensi Sdn Bhd to find...
The Fine Line between Legal Rights and Legal Abuse
A common strategy to pursue a debt is through a statutory notice of demand, which leads to a winding-up petition, but is this the best way forward? Our latest article by Tasha Lim Yi Chien discusses the decision of a recent High Court case on this topic.[dflip...
Avoiding Constructive Dismissal in Employee Transfers
Ensuring that transfers of employees comply with existing employment contracts is crucial for employers. A recent case involving three employees of Perodua Sales Sdn Bhd, who claimed constructive dismissal after receiving transfer notices, underscores this challenge....
Does the protective preliminary order mechanism in the SIAC Arbitration Rules 2025 give SIAC an edge over AIAC?
In this article, we explore the key differences between the SIAC Arbitration Rules 2025 and the AIAC Arbitration Rules 2023, with a focus on the newly introduced protective preliminary order mechanism under SIAC’s framework. Have fun reading![dflip...
The Devil’s in the Details
Introduction At the start of January 2024, the Federal Court made significant decisions concerning adjudication proceedings under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) that would change the future of adjudication. The majority and...