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 adjudication appointments, but it also raises critical legal questionsโdoes the President enjoy the same immunities as the former…
Tag Archives: illegality
07
Mar
Mar
Can a supplemental agreement that varies the consideration in the main contract be valid without fresh consideration? Our Tasha Lim and Tze Thung Chin dive into the Federal Court’s decision in ๐ฃ๐ผ๐ฟ๐ ๐๐ฒ๐น๐ฎ๐ป๐ด ๐๐๐๐ต๐ผ๐ฟ๐ถ๐๐ ๐ ๐๐๐ฎ๐น๐ฎ ๐๐ถ๐บ๐ฒ๐ป๐๐ถ ๐ฆ๐ฑ๐ป ๐๐ต๐ฑ to find out.
13
Sep
Sep
In Maple Amalgamated Sdn Bhd v Bank Pertanian Malaysia Bhd , the single specified issue before the Federal Court of Malaysia was whether an Islamic banking facility known as Bai Bithaman Ajil transaction is invalid for violating section 214A of the National Land Code. In dealing with that specific issue regarding BBA, the Federal Court also made broader pronouncements on the applicable legal principles when the Court is asked to invalidate a commercial transaction. The latter would have a much wider implication in the commercial world.