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  • 17. How do I choose the right arbitration law firm in Malaysia?
    Select an arbitration law firm Malaysia with expertise in your dispute area (e.g., construction, commercial) and experience with AIAC or LCIA arbitrations.
  • 16. Do I need a lawyer for arbitration in Malaysia?
    While not mandatory, hiring an experienced arbitration lawyer Malaysia is highly recommended to ensure fair and effective representation.
  • 15. Can international arbitration awards be enforced in Malaysia?
    Yes, under the New York Convention, Malaysia recognizes and enforces foreign arbitral awards.
  • 19. What qualifications should an arbitration lawyer in Malaysia have?
    Look for lawyers with experience in arbitration rules (AIAC, LCIA), industry-specific knowledge, and a solid track record in dispute resolution Malaysia.
  • 2. Why should I choose arbitration over court litigation?
    Arbitration is often faster, more confidential, and less formal than court proceedings. It is a preferred method of alternative dispute resolution in Malaysia.
  • 21. How is an arbitration award enforced in Malaysia?
    Enforcement of arbitration award Malaysia is done through the High Court under the Arbitration Act 2005, with limited grounds for refusal.
  • 13. What is international arbitration in Malaysia?
    International arbitration Malaysia refers to cross-border disputes where parties are from different countries and choose Malaysia as a neutral venue.
  • 6. Who governs arbitration in Malaysia?
    Arbitration in Malaysia is governed by the Arbitration Act 2005, which is aligned with the UNCITRAL Model Law.
  • 11. What is commercial arbitration in Malaysia?
    Commercial arbitration Malaysia involves disputes related to business transactions, contracts, partnerships, and corporate agreements.
  • 4. How does arbitration differ from mediation and litigation?
    Unlike mediation, arbitration results in a binding decision. It is less formal and often quicker than litigation, making it a popular option for dispute resolution Malaysia.
  • 7. What is an arbitration clause in a contract?
    An arbitration clause Malaysia is a contractual provision where parties agree to resolve future disputes through arbitration instead of litigation.
  • 25. Is arbitration confidential in Malaysia?
    Yes, arbitration proceedings and awards are private and confidential, unlike public court records.
  • 23. What happens if a party refuses to comply with the arbitration award?
    You can seek court enforcement under enforcement of arbitration award Malaysia, leading to execution proceedings.
  • 9. Who can act as an arbitrator in Malaysia?
    An arbitrator can be any impartial individual agreed upon by the parties, often a legal or industry expert, such as an arbitration lawyer Malaysia.
  • 20. Can I appoint a foreign arbitration lawyer for a Malaysian arbitration?
    In international arbitration cases, parties may appoint foreign legal counsel subject to the applicable arbitration rules and Malaysian law.
  • 5. Is arbitration legally binding in Malaysia?
    Yes, arbitration awards are legally binding and enforceable under the Arbitration Act 2005.
  • 30. Where can I get legal advice for arbitration in Malaysia?
    You can contact an experienced arbitration lawyer Malaysia or a trusted arbitration law firm Malaysia for guidance. Get In Touch If you're seeking expert legal assistance for arbitration or any form of dispute resolution in Malaysia, contact us today. Whether you need help with drafting an arbitration clause, initiating proceedings under LCIA or AIAC, or require representation in international arbitration, our experienced team is ready to protect your rights. ​ [Messrs Lui & Bhullar] – Your trusted arbitration law firm in Malaysia. Protecting your interests through strategic arbitration and dispute resolution. ​ Call Us at [+603-6414-3141] WhatsApp Us [ +60143000960] Email Us at [general@luibhullar.com] Visit Our Office in [Solaris Soho, Mont Kiara(Click for the Google Location)]
  • 12. How does construction arbitration work in Malaysia?
    Construction arbitration Malaysia resolves disputes involving contractors, developers, and project owners on delays, defects, or non-payment.
  • 14. What are LCIA and AIAC arbitration rules in Malaysia?
    LCIA and AIAC arbitration Malaysia are governed by their respective institutions—the London Court of International Arbitration and Asian International Arbitration Centre—which provide procedural rules.
  • 24. What is a consent award in arbitration?
    A consent award is an arbitration decision that formalizes an agreement reached by both parties during the proceedings.
  • 1. What is arbitration and how does it work in Malaysia?
    Arbitration is a private dispute resolution method where parties agree to resolve conflicts outside of court with the help of an independent arbitrator. It is recognized under Malaysian law.
  • 3. What types of disputes can be resolved through arbitration in Malaysia?
    Most civil and commercial disputes can be resolved via arbitration, including commercial arbitration Malaysia, construction arbitration Malaysia, and international arbitration Malaysia.
  • 29. Can government-related disputes be arbitrated?
    It depends on the agreement, but some government contracts include arbitration clauses in Malaysia to resolve disputes.
  • 18. Can a Malaysian arbitration lawyer handle international disputes?
    Yes, many arbitration lawyers Malaysia are qualified to represent clients in international arbitration Malaysia proceedings.
  • 10. How long does arbitration usually take in Malaysia?
    It varies by case complexity but is generally faster than court trials—often resolved within 6–12 months.
  • 22. Can I appeal an arbitration award in Malaysia?
    Generally, no. Arbitration awards are final and binding, with appeals allowed only under very limited circumstances like procedural misconduct.
  • 26. How much does arbitration cost in Malaysia?
    Costs vary depending on the complexity, length, and arbitrators’ fees. While not cheap, it can be more cost-effective than litigation in the long term.
  • 8. Can arbitration be initiated without an arbitration clause?
    Yes, if both parties mutually agree to arbitrate the dispute even in the absence of a clause.
  • 27. Is funding available for arbitration cases in Malaysia?
    Third-party funding is an emerging option, especially in commercial arbitration Malaysia and international arbitration Malaysia.
  • 28. Can arbitration be conducted virtually in Malaysia?
    Yes, with the rise of digital platforms, virtual arbitration is now common in alternative dispute resolution Malaysia.
  • Can parties still go to court or arbitration after CIPAA adjudication?
    Yes, CIPAA does not prevent parties from pursuing court litigation or arbitration for further dispute resolution.
  • Is CIPAA applicable to government projects?
    Yes, CIPAA applies to both private and government-funded construction contracts in Malaysia.
  • How long does the CIPAA adjudication process take?
    The CIPAA process typically takes around 100 working days from the initiation of the claim to the adjudicator’s decision.
  • What documents are required to file a CIPAA claim?
    Key documents include the construction contract, unpaid invoices, correspondence related to payment, and any supporting evidence of the work done.
  • What is CIPAA?
    CIPAA (Construction Industry Payment and Adjudication Act 2012) is a law that provides a fast-track resolution process for payment disputes in the Malaysian construction industry.
  • What types of disputes can be resolved under CIPAA?
    CIPAA applies to payment disputes, including non-payment for completed work, underpayment, or late payments.
  • How can Messrs Lui & Bhullar assist with CIPAA claims?
    Our experienced construction lawyers can guide you through the CIPAA process, prepare strong claims, and ensure you receive the payment you deserve. WhatsApp Us : +60143000960 E-mail us : admin2@luibhullar.com
  • Who can file a CIPAA claim?
    Any party involved in a construction contract, including contractors, subcontractors, and consultants, can file a CIPAA claim if they are owed payment.
  • What happens if the respondent does not comply with the adjudication decision?
    The claimant can enforce the decision through the courts or request direct payment from the principal under CIPAA provisions.
  • Can CIPAA decisions be challenged?
    Yes, the losing party may apply to the High Court to set aside the adjudication decision under limited grounds, such as jurisdictional errors or breaches of natural justice.
  • What is CIPAA?
    CIPAA (Construction Industry Payment and Adjudication Act 2012) is a law that provides a fast-track resolution process for payment disputes in the Malaysian construction industry.
  • How do I prove Medical Negligence / Medical Malpractice?
    To succeed in a medical negligence claim in Malaysia, you must establish: A duty of care existed between you and the medical professional. A breach of duty occurred. The breach caused injury, harm, or loss. The harm resulted in damages such as medical costs or lost income. Our Medical Negligence & Malpractice Lawyers in Malaysia specialize in proving such claims effectively.
  • How can a medical negligence lawyer help me?
    A medical negligence lawyer in Malaysia can: Evaluate your case and gather necessary evidence Work with medical experts to support your claim Negotiate settlements or represent you in court Advise on legal procedures and claim strategies Our medical malpractice law firm in Malaysia is committed to protecting your rights and securing justice.
  • What compensation can I claim for medical negligence / medical malpractice?
    Depending on your case, you may be entitled to medical negligence compensation in Malaysia, which includes: Medical expenses Loss of income Pain and suffering Rehabilitation costs Our medical malpractice legal services in Malaysia ensure you receive the maximum compensation possible.
  • What is Medical Negligence / Medical Malpractice?
    Medical negligence occurs when a healthcare provider fails to provide the appropriate standard of care, resulting in harm to the patient. If you have suffered due to medical errors, our medical negligence lawyer in Malaysia can help assess your case. WhatsApp Us for a free consultation
  • What are common examples of medical negligence / medical malpractice?
    Medical negligence may include: Misdiagnosis or delayed diagnosis Surgical errors Medication mistakes Birth injuries Failure to obtain informed consent Anesthesia errors If you believe you are a victim, our medical negligence legal advice in Malaysia can guide you through the process.
  • What is the process of filing a medical negligence claim?
    The general process includes: Consultation with a medical negligence law firm in Kuala Lumpur Collection of medical records and expert opinions Filing of legal documents Negotiations for settlement Court proceedings if necessary Our experienced medical malpractice attorneys in Malaysia will guide you every step of the way.
  • How long do I have to file a medical negligence claim?
    In Malaysia, the limitation period for medical malpractice litigation is generally three years from the date of the injury or discovery of negligence. Consulting a medical malpractice specialist lawyer in Malaysia as soon as possible is crucial to ensure your claim remains valid.
  • How do I get started with my medical negligence claim?
    If you suspect medical negligence, contact our medical malpractice law firm in Malaysia today. Our team of skilled medical negligence lawyers in Malaysia will provide expert guidance and representation to help you obtain the justice and compensation you deserve. For a consultation, reach out to us via WhatsApp at +60143000960.
  • How to calculate liquidated ascertained damages Malaysia?
    Schedule G Booking fees + 24 months = legally prescribed time of delivery of Vacant Possession (Legal VP) (Legal VP) to (Actual Date VP Notice was delivered to the purchasers) = Days of delay Schedule H Booking fees + 36 months = legally prescribed time of delivery of Vacant Possession (Legal VP) (Legal VP) to (Actual Date VP Notice was delivered to the purchasers) = Days of delay Formula To Calculate Liquidated Ascertained Damages ('LAD'): Purchase price x LAD for parcel (10%) x days of delay Divided by 365 days = LAD for Parcel (Schedule G and H) Purchase price x LAD for parcel (2%) x days of delay Divided by 365 days = LAD For Common Area (Schedule H)
  • Liquidated ascertained damages in Malaysia
    the Federal Court decision in Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals [2020] 1 CLJ 162 (“Ang Ming Lee”) has declared extensions of time pursuant to Sub-regulation 11(3) of the HDR, as illegal and void. In simpler terms, that means any extensions given by the Housing Controller to extent the period prescribed under Schedule H (36 months) and Schedule G (24 months) is of no legal effect. In such cases, the purchasers are entitled to claim for LAD based on the period prescribed under Schedule H and G respectively.
  • What is liquidated ascertained damages?
    Liquidated ascertained damages ('LAD') is a contractually ascertained damages that are claimable by the affected party in an event of a breach of contract. The statutory template agreement of Schedule H (high rise projects) and G (landed projects) of the Housing Development (Control and Licensing) Act 1966 and the Housing Development (Control and Licensing) Regulation 1966 provides that the developer ought to pay LAD to purchasers in the event of a delay in providing Vacant Possession ('VP').
  • When does the prescribed period start from?
    Pursuant to the case of PJD Regency , purchasers are entitled to calculate their respective LAD from the time booking fees were paid. Housing Development (Control and Licensing) Regulation clearly prohibits the collection of any prior payment before the signing the SPA, in reality, collections of booking fee / deposit do occur. As the Housing development (Control and Licensing) Act is a social legislation and the judiciary ought to consider the protection of the home buyers, it would only be appropriate to consider the date of collection of the booking as the date of the Sale and Purchase Agreement ('SPA'), as the SPA would have been formed when the booking fee / deposit was collected.
  • Enforcement of Judgment
    if a party fails to comply with a Court judgment, the winning party may pursue an Enforcement Proceedings against that party. There are various types of method of enforcement which depends on the nature of the case.
  • What is a Default Judgment ?
    A Default Judgment or Judgment In Default is a given when the Defendant does not or failed to enter an appearance within the prescribed timeframe.
  • What is the Process in a Legal Proceedings?
    1. Pleadings - Upon receiving the writ and statement of claim, the defendant will then file a Statement of defence and if applicable, a counterclaim. 2. Reply - The Plaintiff will then file a reply to the Statement of Defence and Counterclaim (if applicable) 3. Case Management - The Court will allocate timelines and set trial dates and gives pre-trial directions such as filing of documents and witness statements 4. Trial - Witnesses from both sides will testify and be cross examined. 5. Legal Submissions - Parties will then file their respective legal submissions which summarises the evidence and set out legal principles. The court may order an oral hearing for further submissions. 6. Judgment - The judgement / decision of the court is then delivered, specifying the relief granted.
  • Filing of Interlocutory Applications
    The filing of interlocutory applications can be done in the middle of the legal proceedings. Examples of Interlocutory applications are: Injunction - To stop or compel a party to do a particular act Summary Judgment - to seek the Court to decide the case based on the documents without the need for trial (Ie: the calling of witnesses and etc) Striking Out - To strike out (dismiss) the claim Discovery - To compel a party to disclose specific and relevant evidence and documents.
  • Service of Documents (Delivery of documents)
    The writ and statement of claim must be served on the Defendant. If the service is Successful, the Defendant has 14 days to enter an appearance via a Memorandum of Appearance. If the service is Unsuccessful, substituted service must be done. Such as by advertising on the newspaper.
  • How to start a Civil Suit?
    A Writ informs the Defendant that they are being sued. A Statement of Claim specify the key facts giving rise to the claim. The Civil Suit begins upon the filing of these documents. The writ is usually accompanied with the statement of claim.
  • Step 3: Consult Lawyers
    Depending on the size and value of the claim, it is advisable to consult a lawyer for advise. A Company Must be represented by a lawyer for claims above RM 5,000.
  • Step 2: Enter your Memorandum of Appearance
    You have to file a Memorandum of Appearance within 14 days from the receipt of the Writ and Statement of Claim! In the event you failed to do so, a judgment in default maybe given against you!
  • Step 4 : Attend Court
    If you have not appoint a lawyer in time, you need to attend the case management or mention to obtain court directions for the conduct of the case. If you have appointed lawyer, they will attend on your behalf.
  • Step 1: Read the Writ and Statement of Claim
    Make sure that the proper party has been named in the Writ and Statement of Claim. Remember the time starts from the time you received the document !

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