Activity

Q.
Can you predict what question is going to come out on Arbitration this year 2015?
(Series D02 Law 1/6 – Question 5; Arbitration)

A.
Based on the past 4 years:

2011 Q5  – arbitrator challenged & cost […]

Q.
In an arbitration, can the parties eventually turn back and not accept the award?

A.
Firstly, arbitral proceeding can be terminated according to Section 34 at any time during the proceeding or by […]

Q.
In an arbitration, an appeal has been made to the High Court. In what circumstances can the High Court set aside the decision of the arbitral tribunal?

A.
Past Year 2012 Q5(a) had similar question. However, […]

Q.What are the scope of jurisdiction of arbitration tribunal? How much can the arbitration tribunal decide with the duty vested in it?A.Chapter 4 Jurisdiction of arbitral tribunal Competence of arbitral tribunal […]

Q.If you are not happy with an arbitrator, what can you do?A.Challenge procedure 15. (1) Unless otherwise agreed by the parties, any party who intends to challenge an arbitrator shall, within fifteen days (15 […]

Q.In an arbitration, what is the required number of arbitrator specified by Arbitration Act 2005?A.Chapter 3 – Composition of arbitrators of Arbitration Act, 2005 specifies that: Number of arbitratorsSection […]

Q.
According to Arbitration Act, 2005, explain what is an arbitration agreement. What effect does it have in the process of court proceedings?

A.
Refer another posting on ‘Arbitration Agreement – […]

Q.According to Arbitration Act, 2005, what are the procedures of arbitrator appointment?A.Appointment of arbitratorsSection 13. (1) Unless otherwise agreed by the parties, no person shall be precluded by reason of […]

Q.
Kompetenz-kompetenz of an arbitral tribunal is a myth in today’s word. Discuss.

A.
The arbitral tribunal has the power to determine its own jurisdiction under the 2005 Act.

The arbitral tribunal has n […]

Q.Could you spot questions for D04 Taxation in Estate Agent Exam Part 1, 2015?A.See analysis for past years below:When you prepare for D04 Property Taxation, you would want to do the smart approach. Like in D02 […]

Q.
Could you spot the questions for D02 Intro to Law in Estate Agent Exam Part 1, 2015?

A.
See the analysis for the past years below:

Priority is assigned to the various topics as such.you would want to do […]

Q.Explain the procedure and law governing arbitration in Malaysia.A.At the moment there are, two Arbitration Acts being used in Malaysia, being the Arbitration Act 1952 which is based on the English Arbitration […]

Q.Why arbitration? Why KLRCA?A Arbitration in Malaysia: Taking it to the next levelARBITRATION is a form of alternative dispute resolution to resolve legal disputes outside the traditional court system. It aims to […]

Q.How is Arbitration available as an option for dispute settlement in Malaysia? How does it differ from Court settlement?A.On March 15, 2006, Law 646 of 2005, on Arbitration came into effect in Malaysia replacing […]

Q.
List down the exemptions available under RPGT Act, 1976.

A.
Earlier post on exemption with reference to Richard Oon Hock Chye was posted here.

Exemption from RPGT

RPGT exemptions currently available […]

Q.
Judicial precedence, a doctrine which comprises of res judicata, ratio decidendi and obiter dictum. Is it always followed? What are the advantages and disadvantages of deviating from judicial […]

Q.The necessity to draw a distinction as to whether a website advertisement is an invitation to treat or an offer is also where customers’ response is met by a purely programmed response of a computer, without any […]

Q.
Whether the automated response Kodak sent to the customers for their orders and saying that $100 would be taken from their credit cards as monetary consideration, was indeed an acceptance to a […]

Q.
Items on Internet website: Invitation to treat or offer?

A.

The Electronic Commerce Act 2006 (hereinafter referred to as ECA) was introduced on 31st August, 2006 and came into force on 19th Oct, […]

Q.I am a cook. Recently, I am approached by a prospective employer for a job offer. My employer has included a restrictive covenant in my service contract which prohibits me from joining any future employer who is […]