LAWHORSE

B . ISSUE OF SEPARABILITY PRINCIPLE Article 18.2(a)&(b) AA 2005 (ACT 646) It is analogous to;  Section 7 Arbitration Act 1996 UK Article 16.1 Arbitration Act 1996 New Zealand Generally remodelled or is a restatement after the parent provision  Article 16 of the UNCITRAL Model Law Again from his book, I learned the PRINCIPLE OF SEPARABILITY that; Separability is the an arbitration clause considered as an separate agreement, detached from the main contract, therefore treated as an agreement independent of other terms of the contract. If the arbitration clause lacks autonomy, then there is no reason why Arbitral Tribunal should follow rest of the contract.  If the arbitration clause is autonomous, it has a life on its own. Therefore, it has to be treated as an agreement and will not be affected by possible nullity of the contract to which it belongs.  The arbitration clause survives the demise of the main contract then constitutes the necessary agreement of th...

As an introductory statement, pursuant to Section 18 of the Malaysian Arbitration Act 2005 which corresponds to Article 16 of the UNCITRAL Model Law, without any derogation. Section 18 covers ONLY three (3) issues;  Issue of addressing the Arbitral Tribunal's power to make a determination as to its own jurisdiction to deal with the substantive claim in dispute Issue of addressing the separability principle, pursuant to which an arbitration clause forms a part of a contract is to be treated as an independent and separate contract.  Issue of addressing the court's power to review jurisdictional decisions rendered by arbitral tribunals in the preliminary phase of the proceedings. 1. ISSUE OF ARBITRAL TRIBUNAL HAS ITS OWN JURISDICTION TO DEAL MERITS  According to Professor Dr. Sundra Rajoo in his book UNCITRAL Model Law & Arbitration Rules, Page 292 ;  Section 18.1 of the Malaysian Arbitration Act 2005 provides for the doctrine of  ' competence-competence...

I came through an article under the search scope of the oral hearing in international commercial arbitration and I decide to analysize it alongside with the Malaysian Laws. The main key point of the article was, does international arbitration allows for a ' Right to Physical Hearing '. In this similar vein let us compare the available Malaysian Jurisdiction with the Model Law (Parent Act) UNCITRAL Model Law for International Commercial Arbitration.  In Malaysian Jurisdictions;  Section 26.1 of Malaysian Arbitration Act 2005 Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or oral arguments, or whether the proceedings shall be conducted on the basis of documents and other materials. Section 26.2 Malaysian Arbitration Act 2005  Unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall upon the application of any party hold oral hearings at an appropriat...

 Would you believe me if I say I woke up to this case?  19-Yr-Old MP Tribal Girl Thrashed by Kin, Hung from Tree; 4 Held  Read the Full Article here   As usual, after waking up, I scrolled through Twitter, to find the latest news. Writer @Eepaa tweeted how men were afraid of women because they were physically different and strong than men to collect food for survival. Then men dominated women for survival. I am not writing of feminism; as a lady; am disheartened to hear the reality of certain men who still couldn't understand or were adamantly unwilling to understand the ultimate truth.  Coming to this case, according to this article, it was a married teen who ran away from her in-laws for no reason mentioned in the article. I understood that it was not the first time, she has done this. The third time she ran away from her in-laws to her parent's house, the father got infuriated and decided to take control (dragged by her hair, (Visuals of Panjali being dragged...

Started the day by lite reading around 1am. I am reading my downloaded PDFs found in my mobile. There were around 25 documents. Let me not lie to the ground because I have grounds to submit at 8pm today. 👀 1. "What maketh an Expert" by SM Shanmugam & Shone Anne Thomas. Edited by Koay Sook Kuan, Lee Hishamuddin Allen & Gledhill.  In conjunction to [2019] 1 LNS 1737 , the plaintiff has suffered loss and harm in a car accident. Defendant, a motor lorry driver was sued under negligence and the motor lorry owner was sued under vicarious liability . Plaintiff also sued the wholesaler and car dealer (where the car was sold by former to Plaintiff) alleging the non-deployment of the airbag.  Both the parties had their own witnesses. Plaintiff relied on the evidence of a forensic scientist whereas the defendant relied on an expert in automobile safety systems. The issue before the court was; HC find that the plaintiff's forensic scientist is not an expert on the subject ...