Malaysia - International Arbitration

Arbitrium Newsletter No. 9 – 4 March 2020

March 4, 2020March 17, 2020 - by Phillip Rompotis

This month, Arbitrium features a post published in relation to the legal impact of the coronavirus outbreak, highlighting the key issues for businesses. Further, an interesting decision from the Malaysian High Court which considered the test for an application to subpoena a witness to produce documents for the purpose of an arbitration and give evidence in arbitration proceedings and a range of case notes from England in relation to ss. 67, 68 and 69 of the Arbitration Act.

Construction / Malaysia / Subpoenas

Subpoenas in Aid of Arbitration Proceedings

February 8, 2020February 14, 2020 - by Phillip Rompotis

仲裁程序中的传票
The Malaysian High Court considers the test for an application to subpoena a witness to produce documents for the purpose of an arbitration and give evidence in arbitration proceedings.

England / Hong Kong / Malaysia / Newsletter / Singapore

Arbitrium Monthly Newsletter No.5

November 1, 2019November 1, 2019 - by Phillip Rompotis

A range of cases from Hong Kong, England, Malaysia and Singapore including an update on the Arrangement Concerning Mutual Measures between Hong Kong and the Mainland, an Arbitrator’s duty of impartiality and independence, and a host of enforcement-related cases.

Damages / Injunction / Malaysia

Malaysian Court Allows Enquiry Into Injunction Damages Pending Arbitration

October 8, 2019October 8, 2019 - by Phillip Rompotis

马来西亚法院允许对仲裁裁决进行调查，以待仲裁
The Malaysian High Court considers whether an inquiry of damages arising out of an undertaking by an applicant to pay damages for an injunction wrongly granted by a court in support of arbitration proceedings should await the outcome of a pending arbitration between the parties.

Australia / China Arbitration / England / Europe / Hong Kong / Malaysia / Newsletter / Singapore

International Arbitration Newsletter No.3

September 1, 2019September 1, 2019 - by Phillip Rompotis

In addition to the usual IA updates from around the globe, we highlight two cases, a HK CA decision dealing with a stay application in the context of insolvency proceedings, the other from Singapore refusing an extension of time to bring a setting aside application under Article 34 of the Model Law.

Illegality / Malaysia / Model Law Article 34 / Public Policy / Setting Aside Award

Malaysia Court Considers Illegal Underlying Contract And Public Policy

August 12, 2019August 24, 2019 - by Phillip Rompotis

Herbert Smith Freehills review a Malaysian decision where a contractor unsuccessfully sought to set aside an award on the basis that the underlying contract was illegal and hence in breach of Malaysia’s public policy.

China Arbitration / England / Europe / Hong Kong / India / Malaysia / Newsletter / Singapore / UAE / USA

International Arbitration Newsletter No.2

August 6, 2019September 28, 2019 - by Phillip Rompotis

This month, a series of cases from Malaysia dealing with injunctions, including to restrain the calling of performance bonds and the grant of an anti-arbitration injunction, as well as a review of the Rakna decision from Singapore, concerning the effects to enforcement of non-participation in the arbitration proceedings.