Section 44 of the Courts of Judicature Act 1964 – Does the Court of Appeal Have Original Jurisdiction or Appellate Jurisdiction?
In this article we seek to examine the application of Section 43 and Section 44 of the Courts of Judicature Act 1964 (“CJA 1964”) pertaining to the grant of interim orders by reference to the decision of the Court of Appeal of Malaysia (“Court of Appeal”) in Silver Concept Sdn Bhd v Brisdale Rasa Development Sdn Bhd (“Silver Concept”) in seeking to ascertain if the Court of Appeal has original jurisdiction to determine such applications.
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.
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.
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