An oral arbitral award on liability? Continue reading “WORD OF MOUTH”
Category: Arbitration Law
HALF PREGNANT
Can a party be regarded as having acceded to the jurisdiction of the arbitral tribunal for a particular application made in the arbitration, despite having objected to the jurisdiction of the tribunal over the arbitration as a whole? Apparently so. Continue reading “HALF PREGNANT”
CONVERGENCE
Great minds think alike! A convergence of judicial opinion occurred in June 2024 – the Privy Council and the Malaysian Court of Appeal concurrently but independently arrived at common ground on what constitutes a “disputed” debt for winding-up proceedings when there is an arbitration clause in play. Continue reading “CONVERGENCE”
STOPPING TIME
An arbitration was commenced outside the limitation period, after a court action – which was filed in time – was stayed. Is the claimant time barred? That depends on when time stopped to run … Continue reading “STOPPING TIME”