MANDATORY MEDIATION CLAUSE IN A CONCESSION AGREEMENT: NOT SO MANDATORY AFTER ALL?…
The Court of Appeal in the case of Godell Parking Sdn Bhd v Majlis Bandaraya Petaling Jaya [2020] 6 MLJ 43 (the “Case”) decided on the applicability of what seems to be a mandatory dispute resolution for an amicable settlement clause in a Concession Agreement entered into between the parties.
TORT OF INDUCEMENT OF BREACH OF CONTRACT – “TALK TO MY LAWYER”…
In February 2020, the United Kingdom (UK) Court of Appeal clarified what “knowledge” or information is necessary in order to fall under the tort of inducing a breach of contract. This case was specifically in relation to a situation wherein an employer recruits an employee and receives legal advice regarding the enforceability of the employee’s …
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THE PRINCIPLE OF ABSOLUTE PRIVILEGE – TRULY ABSOLUTE?
The Federal Court in the case of Nor Aziz bin Mat Isa v Sun Teoh Tia (SAC) (Pengerusi Lembaga Tatatertib Polis Diraja Malaysia Bukit Aman) & Ors [2021] 2 MLJ 142 (the ‘Case’) decided on the extent of the principle of absolute privilege for defamatory statements contained in a police report lodged by a police …
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THE AIAC ARBITRATION RULES 2021 AND THE KEY CHANGES TO MALAYSIAN ARBITRATION PRACTICE & PROCEDURE
INTRODUCTION On 1st August 2021, the AIAC Arbitration Rules 2021 (“2021 Rules”) was launched and took effect, replacing all previous editions of the AIAC Arbitration Rules. The 2021 Rules shall apply to all arbitrations commenced after this date, unless agreed otherwise by the parties.
Vietnam Legal & Tax Updates (as of October 2021)
If you are interested in investing in Vietnam or running an existing business in Vietnam, be sure to watch this highly informative video.
Thailand Tax & Transfer Pricing Updates (as of December 2021)
This session is a year in review as well as a discussion of potential tax planning strategies, which may prove beneficial given the past 12 months. In addition, our experts provide a transfer pricing update given that 2021 was the first effective year for the new transfer pricing legislation along with a discussion of managing …
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Cambodia: E-Commerce VAT Registration/Reverse Charge Implementation Date Extended
The General Department of Taxation (“GDT”) issued Notification no. 776 GDT on the 17th of January 2022 (“Notification 776”) which delays the implementation of Prakas 542 MEF.P on the Rules and Procedure for the Implementation of VAT on E-Commerce (“Prakas 542”) to 31 March 2022.
Thai Cabinet Passes New Draft Resolution Easing Restrictions on Cross-Border Transactions and Commercial Activities
On 23 November 2021 The Thai Cabinet passed a resolution permitting the amendment of Ministerial Regulation No. 13 (the “Regulation”) under the Exchange Control Act (1942) which relaxes a lot of the rules on cross-border transactions, online activities and e-commerce matters.
Thailand’s ETDA Set to Release Far Reaching Royal Decree on Digital Processing Processors Ensnaring Foreign Companies Supplying Thai Consumers
On 25 October 2021, the Thai Cabinet approved in principle the national Electronic Transactions Development Agency’s (“ETDA”) release of its Royal Decree on Supervision of Digital Platform Services Required to be Notified (“DPRD”) under the auspices of the Electronic Transactions Act B.E. 2544 (2001).
Mediation: A Star in the Making as a Dispute Resolution Method for Commercial Disputes (Focus on Thailand)
Mediation is a confidential, fast, flexible and cost-effective dispute resolution (“DR”) method based on the mutual consent of the involved parties. Companies, contractors, individuals, banks, real estate owners, governmental bodies; or any combination thereof may be parties to commercial mediation. Breaches of contract, business torts etc. can all be successfully submitted to and/or resolved through …