We end off our top 5 cases series for 2020 with the top 5 arbitration cases in Malaysia for 2020. I had written about last year’s top 5 arbitration cases for 2019.
This year’s cases range from anti-arbitration injunctions, what amounts to a breach of natural justice for setting aside an arbitral award, adhering to the time limit for the issuance of an award, to the arbitrability of a dispute on the register of transfer of shares. Continue reading
Malaysia’s Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020 (the COVID-19 Act) (I have written more about this here) will see an extension of its key relief on the inability to perform contractual obligations in terms of time period as well as two additional types of contracts.
Under the original COVID-19 Act, Part II provided for relief against the inability to perform contractual obligations for the seven types of contracts listed in its Schedule. Continue reading
We continue the Top 5 cases series with the top five restructuring & insolvency cases in Malaysia for the year 2020. You can also read the 2019 edition. This year’s cases range from restraining orders, judicial management and voluntary arrangement in bankruptcy. Continue reading
Our guest author, Kevin Wong, writes on the top 5 construction cases in Malaysia for 2020. The areas covered include when does time run for the calculation of liquidated damages, the Controller of Housing, and cases on the Construction Industry Payment and Adjudication Act 2012 (CIPAA).
The High Court has issued its grounds of judgment dated 22 December 2020 in the Zschimmer & Schwarz case (now reported as Zschimmer & Schwarz GmbH & Co KG Chemische Fabirken v Persons Unknown & Anor [2021] 7 MLJ 178). The Court granted novel orders for a Mareva freezing injunction and proprietary injunction against Persons Unknown.
The Persons Unknown jurisdiction was justified in allowing for injunctive and tracing remedies against the unknown fraudster or fraudsters. The Court also allowed orders for substituted service on such Persons Unknown through email and a Dropbox link. Continue reading
I set out the ten amendments to the Rules of Court 2012 (ROC 2012) which comes into force on 15 December 2020. Some of these changes include service of court papers by electronic means, virtual hearings, and the restrictions on adjournments of trials. There are also minor additions to the Rules of the Court of Appeal 1994 (see the Rules of the Court of Appeal (Amendment) 2020) and to the Rules of the Federal Court 1995 (see the Rules of the Federal Court (Amendment) 2020).
Continue reading
