The High Court in Padda Gurtaj Singh and others v Axiata Group Berhad and others (grounds of judgment dated 29 March 2022) granted an interim measure in the form of an injunction against Axiata Group Berhad, a non-party to an arbitration agreement. This was pending the arbitration between the parties to an arbitration agreement.
June Ong writes this update on the Malaysian High Court decision applying the “full merits” test in determining the existence of an arbitration agreement.
The High Court in Lysaght Corrugated Pipe Sdn Bhd and Anor v Popeye Resources Sdn Bhd and Anor (Kuala Lumpur High Court Civil Suit No.: WA-22NCC-109-03/2021) (grounds of judgment dated 10 February 2022) set out the requirements for a stay of proceedings pending arbitration under section 10 of the Arbitration Act 2005. This is in particular when evaluating the existence of an arbitration agreement. Further, in dismissing the stay, the Court granted an anti-arbitration injunction to restrain a Hong Kong arbitration.
This year-end review covers the issues on the seat of arbitration for West Malaysia and East Malaysia, the stay of arbitration proceedings, court reliefs after the issuance of the arbitral award, the availability of the Mareva injunction interim measure, and the grant of an anti-arbitration injunction.
Recently, a young lawyer asked me for advice on how to generally switch practice areas to move into litigation. From my brief advice, I thought it would be useful to set out and expand on my tips. I write this especially from the lens of a commercial litigator.
These tips are shaped by my personal experience. Please feel free to suggest more tips in the comments section and where we can learn from other lawyers’ experiences.
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
[This is a guest post by Kwan Will Sen. He is a litigation partner focusing on commercial litigation and arbitration, and fraud and asset recovery.]
Idrus Harun was a Judge of the apex Court of Malaysia, the Federal Court. He has been appointed as the Attorney General (AG) effective 6 March 2020, replacing Tommy Thomas.
I discuss three significant decisions by Idrus Harun FCJ (as he then was). He wrote the Federal Court’s grounds of judgment for the first two cases (Ireka/ Jack-In Pile and Nautical Supreme), and was part of the minority for the third case (JRI Resources). Continue reading