Category Archives: News & Events

COVID-19 Act: Impact on Leases and Tenancy Agreements of Non-residential Immovable Property

These FAQs focus on the impacts of two Parts of the COVID-19 Act – the ‘Inability to Perform Contractual Obligation’ and the ‘Modification made to Distress Act 1951’ – concerning leases and tenancy agreements of non-residential immovable properties.

Section 30 of CIPAA: apex court maintains mandatory direct payment obligation against employer under receivership

Introduction The direct payment made by an employer of a construction project to a subcontractor is a key feature of statutory adjudication in Malaysia. In BHL Gemilang Sdn Bhd v CT Indah Construction Sdn Bhd,(1) the apex court refused to disturb the Court of Appeal’s landmark ruling which tests the efficacy of the direct payment…

Business Continuity Post-MCO: From Financial Distress Management to Corporate Rescue Mechanism

The unprecedented outbreak of COVID-19 worldwide has placed the global economy in recession since late March. Business continuity is a major concern for business owners in view of the world economy outlook, including entrepreneurs in Malaysia following the implementation of 28-day Movement Control Order to control the pandemic outbreak. Local businesses have been reported to…

VIRTUAL HEARING IN ARBITRATIONS – WILL THIS BE THE NEW NORM?

The global lockdown in many key economies has installed a new norm. Dispute resolution processes are not spared. While domestic courts race against time to structure online platforms for court-facilitated dispute resolution, arbitrations have long had the flexibility and the agility to proceed remotely on virtual platforms. Up until now, virtual facilities have largely been…