Case Update: Court Can Grant Interim Measures against Non-Parties to Arbitration

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.

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Case Update: Liquidator Cannot Grant Sanction for Continuation of Litigation

The High Court in Small Medium Enterprise Development Bank Malaysia Berhad v Oren Venture Sdn Bhd and 3 others (grounds of judgment dated 4 March 2022) decided on the liquidator granting sanction for legal proceedings.

The crucial issue before the Court was whether a liquidator of a wound-up company can issue a sanction, or delegate to another person, the liquidator’s power to bring or defend any action or other legal proceedings in the name and on behalf of the company.

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Case Update: High Court Grants Anti-Arbitration Injunction After Finding No Arbitration Agreement Existed

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.

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Case Update: Restraining Order Requires Scheme With More than 50% of All Debts

The High Court in Asiabio Capital Sdn Bhd v Seacera Group Bhd [2021] MLJU 2598 (grounds of judgment dated 3 November 2021) has emphasised the mandatory pre-conditions for the grant of a restraining order in a scheme of arrangement.

This short decision touches on the importance of showing that the proposed scheme of arrangement must involve more than half of the total debts of the debtor company.

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Top 5 Arbitration Cases in Malaysia 2021

I feature the Top 5 Arbitration Cases in Malaysia for the year 2021. This follows the past editions of the 2020 cases and the 2019 cases.

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.

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Top 5 Company Law Cases in Malaysia 2021

We start this year’s Top 5 cases series with a feature on the Top 5 Company Law Cases in Malaysia for 2021 (see the 2020 Company Law Cases edition and the 2019 Company Law Cases edition).

This list will cover decisions on shareholder’s oppression, the shadow director, indemnity for officers, pre-emptive right and adjourned general meetings.

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