Showing posts from August 27, 2018

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Asean Law Alert

When a statute provides a specific mode to deal with issues concerning solicitors and their conduct, the court should refrain from exercising its discretionary jurisdiction to grant with declaratory orders

The act of restitution does not detract from the seriousness of the professional misconduct committed by the respondent qua solicitor in having misappropriated client monies in breach of trust and stakeholding

If the Interim Certificates issued by the Consultant Architect are not conclusive, it defeats the purpose of issuing the certificates

Personal representative who is recognised by the company to have stepped into the shoes of the deceased is said to have been vested with the shares by transmission. Personal representative having agreed to distribute the shares to the relevant beneficiaries according to law is a separate exercise and does not fall under the concept of transmission as envisaged usually by the Articles of Association as well as legislation

In general, the essential principles of natural justice are that; (i) the person whose rights are to be affected must be given notice of the case or the charges which he is to meet; (ii)he must be given an opportunity to make representation and to explain the allegations made against him and to have his say in the matter; and (iii) the authority conducting the proceedings must not be biased and should act in good faith

An Adjudicator is fully entitled to consider defences not raised in the Payment Response but raised in the Adjudication Response

The court need only consider two principal issues in determining whether to grant a stay of court proceedings under Section 10(1) of the AA 2005. (a) Whether there is in existence a binding arbitration agreement or clause between the parties; and (b) Whether or not such arbitration agreement is null and void inoperative, or incapable of being performed, in determining whether to grant a stay of court proceedings under Section 10(1) of the AA 2005

It is settled law that the party are bound by their own agreement for disputes to be determined outside the court. The court is therefore not seized with jurisdiction to engage on the merits of such disputes. The court also does not sit by way of appeal by re-examining and reassessing the materials placed before an arbitral tribunal. The court cannot interfere with an award simply because there is an erroneous determination of the merits of the dispute by an arbitral tribunal

Talk : 'Construction Industry Payment & Adjudication Act ("CIPAA")'