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An Arbitration Clause and the Default Judgment in Malaysia: An Unwarranted Lesson in Humility?

Tan Tian Luh

[2020] SAL Prac 20

The Federal Court of Malaysia’s decision in Tindak Murni Sdn Bhd v Juang Setia Sdn Bhd [2020] MLJU 232 is a cautionary tale for Malaysian contractors on the interaction between a regularly obtained default judgment for an interim certificate and the effect of a contract where parties agree to submit to arbitration all disputes, including disputes on interim certificates.