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.

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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.

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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.

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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.

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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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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.

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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”).

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