What Is the Meaning of “Desertion” Under Section 54(1)(a) of the Armed Forces Act 1972?
In this article we discuss a novel issue in respect of the interpretation and meaning to be given to the term “desertion” under Section 54(1)(a) of the Armed Forces Act 1972.
An Element of Certainty as to Whether CIPAA Applies Retrospectively or Prospectively to ‘Exhausted’ Adjudication Decisions
In this article, we seek to examine the law in so far as the application of the decisions of the Federal Court of Malaysia in Ireka Engineering & Construction Sdn Bhd v PWC Corp Sdn and Ors (“Ireka”) and Jack-In-Pile (M) Sdn Bhd v Bauer (M) Sdn Bhd and Ors (“Bauer”), to adjudication proceedings which have been exhausted, wherein the construction contract was entered into prior to the introduction and coming into force of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”).
Judicial Approach to the Application and Construction of the Arbitration Act 2005 in Malaysia: Section 8
Over the past few decades, Malaysia has sought to develop a refined and efficient system for alternative dispute resolution. Today, Malaysia has a relatively robust arbitration ecosystem. This article is part of a series that considers how the courts in Malaysia have construed and interpreted sections 8, 37 and 42 of the Arbitration Act 2005 (the 2005 Act) and, in particular, focuses on the judicial approach to minimal court intervention set out in section 8.
Judicial approach to application and construction of Arbitration Act 2005 in Malaysia: section 37
Over the past few decades, Malaysia has sought to develop a refined and efficient system for alternative dispute resolution. Today, Malaysia has a relatively robust arbitration ecosystem. This article is part of a series that considers how the courts in Malaysia have construed and interpreted sections 8, 37 and 42 of the Arbitration Act 2005 (the 2005 Act) and, in particular, focuses on challenges to arbitral awards pursuant to section 37.
Judicial approach to application and construction of Arbitration Act 2005 in Malaysia: introduction
This article is part of a series that considers how the courts in Malaysia have construed and interpreted sections 8, 37 and 42 of the 2005 Act.
Mkini Dotcom Sdn Bhd & Ors v Raub Australian Gold Mining Sdn Bhd – The Application of the Defence of Reportage in Malaysia
In this article, the recent decision of the Federal Court of Malaysia in Mkini Dotcom Sdn Bhd & Ors v Raub Australian Gold Mining Sdn Bhd by way of Federal Court Civil Appeal No. 02(f)-61-08/2018(W) that was delivered on 2nd July 2021 will be specifically examined (“Mkini Dotcom v RAGM”).
The Invocation of the Review Jurisdiction of the Federal Court of Malaysia & The Incumbent is not the Office
This article seeks to examine the recent decision of the Federal Court in Yong Tshu Khin & Anor v Dahan Cipta Sdn Bhd & Anor and other appeals.
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