Registration of Arbitral Awards in Malaysia – Only the Dispositive Section of the Arbitral Award is to be Registered
INTRODUCTION In Siemens Industry Software Gmbh & Co Kg (Germany) (formerly known as Innotec Gmbh) v Jacob and Toralf Consulting Sdn Bhd (formerly known as Innotec Asia Pacific Sdn Bhd) (Malaysia) & Ors[1], the Federal Court of Malaysia had the opportunity to address the following question of law:
The Invocation of the Review Jurisdiction of the Federal Court of Malaysia & The Incumbent is not the Office
INTRODUCTION Rule 137 of the Rules of the Federal Court 1995[1] recognises the Federal Court of Malaysia’s (“Federal Court”) inherent power to inter alia review previous decisions in order to prevent an injustice or an abuse of process. Over the years, this rule has been resorted to by litigants where they find themselves unable to …
Mkini Dotcom Sdn Bhd & Ors v Raub Australian Gold Mining Sdn Bhd – The Application of the Defence of Reportage in Malaysia
INTRODUCTION In Malaysia, the interplay between the notion of freedom of expression, the rights of the media to publish statements as well as articles at will, and the law of defamation is very much a complex one. This is particularly exacerbated in a country of diverse political views, differing social and economic backgrounds, increasing wealth …