Month: January 2020

Legal Service Provider In Malaysia For Corporate Law, Legal Advice, Legal Assistance, Commercial Litigation And Arbitration

Breaching A Yet To Be Performed Agreement – Is It Even Possible?

Can you sue a person/entity for a breach of agreement/ contract (that you both entered) which is not yet due to be performed by that person/entity? Let us find out more about it, by briefly look at the case of Yaw Chun Soon v. Newfields Land Sdn Bhd. Brief facts of the case Newfields entered…
Read more

January 31, 2020 0

Dispositive vs Whole – The Arbitration Award Conundrum

When a party wishes to enforce an arbitration award through a court of law in Malaysia, must the party provide the court with the whole award given in the arbitration proceedings in order for the court to decide whether to allow the party to enforce the award or only a dispositive part of the award?…
Read more

January 28, 2020 0

The Subcontractor’s Exemption Dilemma

In a construction dispute that comes within the ambit of the Construction Industry Payment and Adjudication Act (“CIPAA”), can a subcontractors’ contract can be considered an exempt contract under the First Schedule of the Construction Industry Payment And Adjudication (Exemption) Order? To know more, let us dive into the recent case of  ENRA Engineering And…
Read more

January 25, 2020 0

Redress For Late Delivery Against Subsequent Developer – Can It Be Done?

Can a purchaser seek damages from a subsequent developer for the late delivery of their property? To find out more, let us briefly look at the case of Woolley Development Sdn Bhd v Tiara Contours Construction Sdn Bhd and see what the Court of Appeal has to say about this matter. Brief facts Cherating Development…
Read more

January 20, 2020 0