Clear answers to common legal questions, offering insight into Malaysian law, dispute resolution and the legal matters we advise on.
The Construction Industry Payment and Adjudication Act 2012 (CIPAA) allows eligible contractors, subcontractors and consultants to recover unpaid construction payments through statutory adjudication. It provides a relatively quick dispute-resolution process without requiring a full court trial.
Related practiceAdjudication (CIPAA 2012)
You may pursue unpaid construction payments through negotiation, CIPAA adjudication, arbitration or court proceedings. Review your construction contract, payment certificates, invoices and correspondence to determine the appropriate recovery action.
Related practiceEngineering & Construction · Adjudication (CIPAA 2012)
Under CIPAA 2012, an adjudicator generally has 45 working days from the adjudication response or reply, whichever is later, to deliver a decision, unless otherwise agreed. The overall process typically takes around 100 working days, depending on the procedural steps, appointment of the adjudicator and any agreed extensions.
Related practiceAdjudication (CIPAA 2012)
Arbitration is a private dispute-resolution process usually conducted under an arbitration agreement, while litigation takes place in court. Arbitration may offer greater procedural flexibility and privacy, but the appropriate method depends on the contract, dispute and remedies sought.
Related practiceArbitration · Civil and Commercial Litigation
Arbitral awards are generally final and binding, and cannot ordinarily be appealed simply because a party disagrees with the decision. However, an arbitral award made in an arbitration seated in Malaysia may be challenged in the High Court under Section 37 of the Arbitration Act 2005 on limited grounds, including breaches of natural justice, jurisdictional issues or public policy. Applications to set aside an award must generally be made within 90 days, subject to statutory exceptions.
Related practiceArbitration
Many civil appeals from the High Court to the Court of Appeal must be filed within 30 days. However, deadlines and permission requirements vary depending on the court and decision. Prompt legal advice is important to preserve appeal rights.
Related practiceAppeals
You may commence legal proceedings if another party fails to fulfil its contractual obligations. Depending on the circumstances, remedies may include damages, specific performance or other relief. The contract terms, evidence of breach and resulting losses should first be examined.
Related practiceCorporate & Commercial Advisory, Regulatory & Compliance · Civil and Commercial Litigation
We assist businesses and in-house legal teams with commercial disputes, contract enforcement, debt recovery, arbitration, litigation and dispute-resolution strategies. We can act as external disputes counsel or work alongside in-house legal teams, providing practical legal advice, risk assessments, negotiations and court representation to protect the company's commercial interests.
Related practiceCorporate & Commercial Advisory, Regulatory & Compliance · Civil and Commercial Litigation
An employee dismissed without just cause or excuse may file a representation under Section 20 of the Industrial Relations Act 1967. The representation must generally be filed within 60 days of dismissal and may also be filed during the notice period.
Related practiceEmployment Law & Industrial Relations
An employer may terminate employment with payment in lieu of notice in certain circumstances. Dismissal for misconduct is subject to applicable legal requirements, including due inquiry where required. Whether termination is lawful depends on the employment contract and circumstances.
Related practiceEmployment Law & Industrial Relations
Employers are generally required to pay wages within the prescribed period. Under the Employment Act 1955, wages must generally be paid within seven days after the end of the wage period, subject to statutory exceptions. If your employer withholds your salary, you should preserve your employment contract, payslips and correspondence, and request payment in writing. You may also lodge a complaint with the Department of Labour or pursue appropriate legal action to recover unpaid wages.
Related practiceEmployment Law & Industrial Relations
For non-Muslim marriages, divorce may proceed through a joint or contested petition in the High Court, subject to statutory requirements. Muslim divorces follow the applicable Syariah Court procedures. The process depends on the circumstances of the marriage.
Related practiceFamily Law & Disputes
For non-Muslim divorces, the child's welfare is the paramount consideration in custody decisions. Courts consider the child's circumstances and the parents' respective situations when determining custody, care and access. Different legal provisions apply to Muslim marriages.
Related practiceFamily Law & Disputes
Trademark applications are submitted to the Intellectual Property Corporation of Malaysia (MyIPO). A preliminary search can identify potentially conflicting trademarks. Registered protection generally lasts for 10 years from the application date and can be renewed.
Related practiceIntellectual Property
Recovery may be possible depending on the circumstances. Immediately contact your bank or the National Scam Response Centre (997), lodge a police report and preserve transaction records and wallet addresses. Civil asset-tracing and recovery proceedings may also be available.
Related practiceCryptocurrency & Digital Assets
Ship arrest may be available for qualifying maritime claims, subject to admiralty jurisdiction and procedural requirements. Relevant documents, including charterparties, bills of lading and invoices, should be preserved. Urgent action may be necessary if the vessel is leaving Malaysian waters.
Related practiceShipping & Maritime
Probate generally confirms the authority of an executor appointed under a valid will. Letters of administration generally authorise an administrator to manage an estate where no executor can act. The appropriate procedure depends on the estate and applicable law.
Related practiceProbate, Wills, Trusts & Estates
Their estate is distributed according to applicable inheritance laws. The Distribution Act 1958 generally governs non-Muslim intestate estates in Peninsular Malaysia, while different rules apply to Muslims and certain other estates. An administrator may need to be appointed.
Related practiceProbate, Wills, Trusts & Estates
Options include issuing a letter of demand, negotiating repayment, commencing court proceedings or enforcing a judgment. Winding-up or bankruptcy proceedings may also be available where legally appropriate. Creditor bankruptcy petitions against individuals generally require at least RM100,000, subject to statutory requirements.
Related practiceRestructuring, Insolvency & Debt Recovery
We offer flexible fee arrangements depending on the nature, complexity and scope of the work involved. This may be on a fixed-fee (lump sum) basis, an hourly-rate basis, or through a monthly retainer arrangement.
A retainer is an arrangement where you engage us on an ongoing basis for a fixed monthly fee. It is particularly suitable for businesses that require regular legal support and advice. Depending on the agreed scope, you may consult us on day-to-day legal matters, seek advice on contracts and have access to our legal support without having to negotiate a separate fee for every instruction.
Absolutely. We believe in transparency and will discuss and agree on the applicable fees and scope of work with you before commencing any engagement. There will be no surprises or unexpected professional fees.
Our professional fees are exclusive of disbursements and applicable taxes. Disbursements refer to reasonable out-of-pocket expenses incurred in handling your matter, such as filing fees, search fees, courier charges and other necessary expenses. These will be properly documented and accounted for. Any applicable taxes will be separately stated.