Multi-tiered dispute resolution clauses have become a ubiquitous feature in commercial contracts, offering parties an alternative avenue for resolving disputes outside traditional court proceedings. Where a dispute resolution clause has been agreed upon by parties, the court’s primary task or duty is to give effect to that clause. Additionally, there may be even further prerequisites to arbitration, such as a mediation or negotiation clause on top of an arbitration clause,

We do not often consider the impact of our words, at least not in the strictly legal sense. Yet, across centuries and cultures, the value of reputation has been universally acknowledged. As Shakespeare's Iago astutely observed in Othello, reputation “ is an idle and most false imposition; oft got without merit and lost without deserving ”. The law of defamation, governed by the Defamation Act 1957, seeks to provide an avenue to redress the frequently superfluous and unprovo

In the realm of legal proceedings, a powerful shield known as absolute privilege stands guard, providing robust protection to statements made within the confines of the courtroom. This doctrine which deeply rooted in the principles of justice and free speech, grants immunity from defamation claims to individuals involved in judicial proceedings. Amidst this legal landscape, a pivotal question arises: Can one truly speak freely within the courtroom or does the shadow of defama

The present information age is characterised by the abundance of information and minimal restrictions on access and control thereof. The right to freedom of speech and expression rises to prominence considering its role for the dissemination and acquisition of information and knowledge. In Malaysia, this right is constitutionally protected pursuant to Article 10 of the Federal Constitution. It is trite, however, that the right to freedom of speech and expression is not abso

A striking out order (Order) is often described to be a draconian order. In this regard, the UK Supreme Court in the case of Summers v Fairclough Homes Ltd [2012] 1 WLR 2004 commented that: “The draconian step of striking a claim out is always a last resort, a fortiori where to do so would deprive the claimant of a substantive right to which the court had held that he was entitled after a fair trial. It is very difficult indeed to think of circumstances in which such a conclu

The doctrine of issue estoppel prevents a party from re-litigating a specific issue that has already been decided in an earlier legal proceeding. Essentially, if a particular issue was decided in a previous case, and that issue arises again in a subsequent case involving the same parties or their privies, the party is estopped (prevented) from re-litigating that issue. The then Supreme Court in Asia Commercial Finance (M) Bhd v Kawal Teliti Sdn Bhd [1995] 3 MLJ 189 explained

It is not uncommon for a slew of litigation to commence when there is a breakdown of shareholder relationship and often this is done to levy commercial pressure on the shareholder vis-à-vis damages on the company that will have a direct impact on the commercial value of the shares. This then works as a bargaining chip in resolving the shareholder dispute in favour of the party that commenced such litigation. Recourse Available To The Defendant Where the facts support a sugges

In today’s digital age, the dissemination of information made rapid through social media and online platforms has facilitated the spread of half-truths, where partial facts may be presented without context necessary to the picture. Incomplete information, where crucial facts are deliberately omitted, can lead to distorted perceptions and potential defamation. The recent Court of Appeal case of Tan Sri David Chiu Tat-Cheong v Seena Elizabeth Soy [2023] 3 MLJ 674 highlights the

29 September 2022 PUTRAJAYA (Sept 29): Barakah Offshore Petroleum Bhd and its subsidiary have withdrawn their appeal against the High Court decision dismissing their RM1.02 billion claim against Petronas Nasional Bhd (Petronas). “The appellants (Barakah Offshore and PBJV Group Sdn Bhd) have withdrawn the whole appeal with no order as to costs,” read the the notice of discontinuance sighted by The Edge . The notice was filed by their legal firm Messrs Fairuz Ali on Thursday (S

23 September 2022 KUALA LUMPUR (Sept 23): Judicial Commissioner Roz Mawar Rozain on Friday (Sept 23) recused herself from hearing another lawsuit involving 1Malaysia Development Bhd (1MDB) at the High Court. She withdrew from hearing 1MDB's suit against PetroSaudi International Ltd (PSI), PSI chief executive officer Tarek Obaid, Deutsche Bank and JP Morgan, when it was called up for case management, on the grounds that she may be privy to matters pertaining to 1MDB when she w

Seeking to protect seats, Penang assemblymen argue in court that anti-hopping law violates constitutional freedom 14 September 2022 GEORGE TOWN, Sept 14 — The counsel for four Penang assemblymen who are facing the prospect of losing their seats after switching political parties told the High Court here today that the state’s anti-hopping law is unconstitutional. Their lawyer Datuk DP Naban said they were challenging the state law because it violated their right to freedom of

14 September 2022 GEORGE TOWN: The High Court has set Oct 6 for its decision on amending the originating summons (OS) for four Penang assemblymen who are facing the prospect of losing their seats under the state's anti-hopping law. The four had told the court that the law is in violation of their freedom of speech under Article 10(1) A of the Federal Constitution. Datuk DP Naban , who is representing the four assemblyman, namely Zulkifli Ibrahim (Sungai Acheh), Dr Afif Bahard

14 September 2022 KLANG (Sept 14): Property tycoon Tan Sri Lim Soon Peng has apparently settled a RM330,800 suit filed by SRC International Sdn Bhd and two others against him last year, for receiving money from the companies via instructions from former Prime Minister Datuk Seri Najib Razak. This is the first settlement out of 16 suits filed by SRC International, a former subsidiary of 1Malaysia Development Bhd (1MDB), along with two other SRC's subsidiaries Gandingan Mentari

5 September 2022 KUALA LUMPUR (Sept 5): Jailed former prime minister Datuk Seri Najib Razak on Monday (Sept 5) withdrew his discovery application in the US$1.18 billion civil suit filed by SRC International Sdn Bhd. This came after his lawyers from Messrs Shafee & Co received the bundle of documents that are needed for the hearing from SRC’s solicitors from Rosli Dahlan Saravana Partnership . The former premier had filed the discovery application in the High Court on June 9,

26 August 2022 KUALA LUMPUR – The Shah Alam High Court today allowed the leave application by the National Kidney Foundation (NKF) to commence judicial review proceedings against the Inland Revenue Board (IRB) for revoking its tax exemption status. Judge Shahnaz Sulaiman ruled that NKF’s leave application was not frivolous and that judicial review is the appropriate forum to determine whether its tax exemption status under Section 44(6) of the Income Tax Act 1967 (ITA) can be

Maria was represented by counsel Rosli Dahlan , along with Zeti Zulfah Hassan @ Zulkifli, Kong Xin Qing , Amiratu Al Amirat Saleh Garbaa and Khairul Izzat Azmi, while senior federal counsel Ahmad Hanir Hambaly appeared for the Attorney General's Chambers. 22 August 2022 KUALA LUMPUR: The High Court has allowed Petaling Jaya MP Maria Chin Abdullah’s bid to commence a legal challenge against a show cause order issued by the shariah court for contempt over her statement that “i

Maria was represented by counsel Rosli Dahlan , along with Zeti Zulfah Hassan @ Zulkifli, Kong Xin Qing , Amiratu Al Amirat Saleh Garbaa and Khairul Izzat Azmi, while senior federal counsel Ahmad Hanir Hambaly appeared for the Attorney General's Chambers. 22 August 2022 KUALA LUMPUR (Aug 22): The High Court here on Monday (Aug 22) granted leave (permission) to Petaling Jaya Member of Parliament Maria Chin Abdullah to initiate judicial review proceedings to challenge the shar

Maria was represented by counsel Rosli Dahlan, along with Zeti Zulfah Hassan @ Zulkifli, Kong Xin Qing, Amiratu Al Amirat Saleh Garbaa and Khairul Izzat Azmi. 22 August 2022 KUALA LUMPUR: Petaling Jaya MP Maria Chin Abdullah has obtained leave to initiate legal proceedings to challenge the Syariah High Court's decision to allow committal proceedings against her for criticising the court's decision in sentencing a businessman’s former wife to jail. High Court Judge Datuk Wan A

16 August 2022 KUALA LUMPUR (Aug 16): Former prime minister Datuk Seri Najib Razak on Tuesday (Aug 16) was denied more time to file an affidavit in reply to his discovery application with regard to the US$1.18 billion (RM5.27 billion) SRC International Sdn Bhd civil suit against him. The High Court maintained its previous direction that Najib's lawyers are required to file his affidavit in reply by Tuesday, with the hearing of his discovery application fixed for Sept 9. Both

14 June 2022 PUTRAJAYA (June 14): The Court of Appeal on Tuesday (June 14) dismissed an appeal by central Umno to strike out a RM16 million suit filed by SRC International Sdn Bhd and its two subsidiaries Gandingan Mentari Sdn Bhd and Jendela Pinggiran Sdn Bhd. Justice Datuk Hadhariah Syed Ismail — who led the bench in unanimously upholding the High Court decision for the matter to proceed for a trial — ruled that this was not a plain and obvious case for Umno to apply to str