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.Continue Reading
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.
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.Continue Reading
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.
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.Continue Reading
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.Continue Reading
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.Continue Reading
Herbert Smith Freehills review the Malaysia High Court’s decision in Dato’ Seri Timor Shah Rafiq …Continue Reading
Herbert Smith Freehills review the decision in Jaya Sudhir a/l Jayaram v Nautical Supreme Sdn …Continue Reading
Herbert Smith Freehills review four decisions from Malaysia’s Court of Appeal relating to applications made …Continue Reading
Baker McKenzie review the Malaysian Federal Court’s decision in Far East Holdings Bhd & Anor …Continue Reading