What to Do When Your Company is Served with a Notice of Demand under Section 466 of the Companies Act 2016?

The short answer is to apply for a Fortuna Injunction. The injunction restrains the creditor from presenting a winding-up petition if certain conditions are satisfied. … More What to Do When Your Company is Served with a Notice of Demand under Section 466 of the Companies Act 2016?

When Does an Arbitration Award Become Binding?

The Arbitration Act 2005 provides for the recognition and enforcement of arbitration awards. However, one of the grounds to refuse recognition and enforcement is when the “award has not yet become binding”. This article seeks to discuss the landmark decision of the Court of Appeal in Malaysian Bio-Xcell Sdn Bhd v Lebas Technologies Sdn Bhd [2020] 3 MLJ 723 regarding the meaning of the said phrase. … More When Does an Arbitration Award Become Binding?

The Doctrine of Ratification: Can Directors Ratify Their Own Acts?

Can you forgive yourself for your past mistakes? Many struggled but some moved on. However, for company directors, the law says you can! Recently, the High Court in Dato’ Shun Leong Kwong & Anor v Menang Corporation (M) Bhd & Ors held that directors could ratify their own mistake because it was a mere irregularity. This article seeks to discuss the doctrine of ratification against the backdrop of company disputes. … More The Doctrine of Ratification: Can Directors Ratify Their Own Acts?