Arbitration is an alternate dispute resolution process to the usual process of the Courts. This avenue is usually resorted by parties when their contract provides for a pre-existing arbitration clause or where parties collectively agree to arbitrate their existing dispute before an arbitrator instead of a judge. The arbitration proceedings in Malaysia are usually administered…
Effective 14.04.2014, the Construction Industry Payment and Adjudication Act 2012 (CIPAA) came into force. The introduction of CIPAA provides an alternative and expeditious recourse to unpaid parties in the construction sector compared to the slower and costly processes of litigation or arbitration. The adjudication process is private and would usually take approximately 90-100 days from…
As everyone may be aware, following the introduction of the Insolvency Act 1967, a social guarantor can no longer be subjected to bankruptcy proceedings as Section 5(3) of the Insolvency Act provides absolute protection to social guarantors. Now what about non-social guarantors? Unlike social guarantors, non-social guarantors do not enjoy complete immunity from bankruptcy proceedings….
1. If I have been declared bankrupt, what should I do to discharge myself? There are several methods for obtaining a discharge from bankruptcy, which can vary depending on the facts. A person who is declared bankrupt may remove his /her bankruptcy status either by way of discharge application pursuant to section 33, 33A and…
I. ILLUSTRATION Ali was made bankrupt in 2023. However, Siti and Mark wish to sue him for the following matters, respectively: Siti wishes to file a civil suit against Ali for a debt due and owed by Ali of RM50,000.00. Mark, a famous influencer, also wishes to file a defamation suit against Ali for a…
The choice between mediation and Trial depends on the specific circumstances of the legal dispute and the preferences of the parties involved. Here’s a brief overview of both options:- Mediation Mediation is effectively a supervised negotiation process, especially useful for resolving disputes in a less adversarial manner. One party will put forward their position as…
1 I) A claims that B owes him a sum of money. B died last week. What can A do? General rule: section 8(1) of Civil Law Act: all cause of action subsisting against or vest in the deceased shall survive. Exception (Proviso to section 8(1)) : unless in the case of defamation or seduction…
When deciding whether to initiate a Court action, it is common for people to be concerned what if they lose their case, what if the Court’s decision is not in their favour etc. FEAR NOT as your right will not end there as we are all conferredwith the right of appeal so long your case…
Being bound by a ‘bankrupt’ status is oftentimes burdensome because bankrupts would be restricted from carrying out what a normal person could do such as travelling overseas (unless with a written permission from the Director General of Insolvency [‘DGI’] or an Order from the Court), taking on loan with the financial institution and working in…
The article seeks to discuss on the principles of AR Registered Post with reference to relevant case law and statute. What is AR Registered Post? Apart from the personal service, another method for service of court documents is by way of the AR Registered Post. AR Registered Post is a mail service offered by Pos…
