Litigation in Malaysia
The three principal branches of government in Malaysia are the executive, the legislature and the judiciary. Malaysia adheres to the principle of separation of powers where these three institutions are independent of each other. The judiciary is independent of the executive and legislature in Malaysia.
Challenging and Enforcing Arbitration Awards in Malaysia
For an award to be enforceable, it must comply with the provisions of section 33 of the Arbitration Act 2005 (the 2005 Act). Pursuant to section 33 of the 2005 Act, an award must be in written form and signed by the arbitrator.
Recent Development Relating to the Law of Arbitration in Malaysia – A Recap of 2023
The law of arbitration in Malaysia continues to evolve as recent decisions of the national courts have sought to provide clarity concerning some key areas relating to the enforcement of arbitral awards, setting aside arbitral awards, and the granting of a stay of proceedings pending reference to arbitration.
Kolonel Dr Faiz Azraai bin Abdul Aziz v Mahkamah Tentera Divisyen Keempat Infantri Malaysia [2023] 4 MLJ 78 (“Kolonel Dr Faiz”)
This article analyses the judgment of the Federal Court delivered in Kolonel Dr Faiz Azraai bin Abdul Aziz v Mahkamah Tentera Divisyen Keempat Infantri Malaysia [2023] 4 MLJ 78 (“Kolonel Dr Faiz”) on 16 May 2023. This article is also an written update to our initial article entitled “What’s the meaning of “desertion” under Section 54(1)(a) of the Armed Forces Act 1972?”, as the judgment of the Federal Court has only recently become available.
Enforcement of Foreign Judgments in Malaysia Under the Reciprocal Enforcement of Judgments Act 1958 (REJA) : Pembinaan SPK Sdn Bhd v Conaire Engineering Sdn Bhd- Llc & Anor; Bina Puri Holdings Bhd v Conaire Engineering Sdn Bhd-LLC
This article seeks to examine the strict requirements that are to be adhered to by parties in seeking to enforce a foreign judgment by way of a common law action in Malaysia.
Enforcement of ICSID Awards in Malaysia: Elizabeth Regina Maria Gabrielle von Pezold and Others v Republic of Zimbabwe
In this article, we explore the first ever decision involving the enforcement of an ICSID award in Malaysia: Elizabeth Regina Maria Gabrielle von Pezold and others v Republic of Zimbabwe.
Malaysia Arbitration Guide 2023
The island of Penang was founded in 1786. Penang subsequently became part of the Straits Settlements comprising Penang, Malacca and Singapore.
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