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  • Article

    Contract - Whether SPA Only Obliged Developer To Deliver Vacant Possession And Not To Give 'Right Of Occupation' To Buyer Within 24 Months

    The 1st respondent ("Christopher") entered into a sale and purchase agreement ("SPA") with the applicant ("BODCO") to buy a building constructed by BODCO.
    MalaysiaCorporate/Commercial Law
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    [EMPLOYMENT] Managing Mental Health Triggers At The Workplace

    Only last year, it was reported that 51% of Malaysia's workforce experienced work-related stress[1]. Mental health is a crucial topic to be discussed, as it is paramount...
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Social Media Influencers: Honest Review v Defamation

    In today's digital world where opinions are shared as quickly as a tap on a screen, social media influencers have become the new voices of authority. With just a few clicks, influencers can make or
    MalaysiaMedia, Telecoms, IT, Entertainment
    Azmi & Associates
    Azmi & Associates
  • Article

    Court Of Appeal Upholds Pre-CIPAA "Pay When Paid" Clause

    Shannon Rajan highlights the recent Court of Appeal's decision on "pay when paid clauses".
    MalaysiaReal Estate and Construction
    SKRINE
    SKRINE
  • Article

    Who Owns The Surplus Parking Spots On A Development?

    With the rise in land and property prices, many have chosen to live in condominiums where there are common properties and facilities shared between the residents, such as swimming pools...
    MalaysiaReal Estate and Construction
    Gan Partnership
    Gan Partnership
  • Article

    No More Wheel Clamping In Malaysia?

    Think about how you might feel if you approached your car and notice the front wheel was clamped. It is certain that it is NOT, entertaining and amusing.
    MalaysiaTransport
    CK Law
    CK Law
  • Article

    [EMPLOYMENT] Special Alert: Enhanced Protection For Employees Under The SOCSO Act When They ‘Balik Dari Kampung'

    The Employees' Social Security Act 1969 (the "Act") is a critical piece of social legislation, enacted with the aim of safeguarding employees against social and/or economic difficulties.
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Court Of Appeal Allowed Maybank Islamic Berhad's Appeals For Summary Judgment Of RM 45 Mil And Struck Out Counterclaim Of RM 95 Mil In Relation To A Murabahah Financing Transaction

    Maybank granted an Islamic Murabahah financing facility of RM 50 million to Golden Base Construction Sdn Bhd for the construction of a highway.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    ICC Guidance Note On Mitigating The Effects Of COVID-19 In Arbitral Proceedings

    On 9 April 2020, the ICC International Court of Arbitration issued its Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic ("Guidance Note").
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    The Curious Case Of The Double Sale: Reconciling The BBA Transaction With Section 214A Of The National Land Code

    In the recent case of Maple Amalgamated Sdn Bhd & Anor v Bank Pertanian Malaysia Bhd [2021] MLJU 1245, the Federal Court had to consider the following leave question...
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Construing Conditional Payment Terms Beyond Pay-When-Paid Clauses Under The Construction Industry Payment And Adjudication Act

    The Court of Appeal in IRDK Venture Sdn Bhd v Econpile (M) Sdn Bhd [2020] 5 AMR 865 and Lee Swee Seng J (as he then was) at the High Court in Econpile (M) Sdn Bhd v IRDK Ventures Sdn Bhd and another case ...
    MalaysiaReal Estate and Construction
    SKRINE
    SKRINE
  • Article

    Division Of Matrimonial Assets

    The issue of how to divide property following the breakdown of a marriage is a vexed one which has spawned many a battle amongst estranged couples.
    MalaysiaFamily and Matrimonial
    SKRINE
    SKRINE
  • Article

    Recoverability Of Liquidated Ascertained Damages

    Liquidated ascertained damages or "LAD" are pre-agreed damages between parties in the event of a breach of contract. It is meant to compensate the innocent party for losses against...
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
  • Article

    The Applicability Of Malaysia's Federal Court Ruling On The Authority Of Shariah Advisory Council In Civil Disputes To Arbitrations On Islamic Finance And Capital Markets

    The Central Bank of Malaysia Act 2009 ("Act") designated Malaysia's Shariah Advisory Committee on Islamic finance ("SAC") as the authority for ascertaining Islamic law for the purposes of Islamic financial business.
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Development Since Ang Ming Lee

    Courts are bound by the doctrine of stare decisis and will follow the Federal Court's decision in Ang Ming Lee in holding that Reg. 11(3) of HDR is ultra vires.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Case Commentary: Su Hock Guan v AXA Affin General Insurance Malaysia Berhad

    The High Court in SU HOCK GUAN V AXA AFFIN GENERAL INSURANCE MALAYSIA BERHAD [2021] 1 AMR 205 held that the cause of action against an insurer under an indemnity insurance accrues...
    MalaysiaInsurance
    SKRINE
    SKRINE
  • Article

    Employment - Whether Proven Misconduct By Employee Deserved Punishment Of Dismissal

    The appellant ("Mashkon") was formerly an employee of the respondent ("the Company").
    MalaysiaEmployment and HR
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    Contract - Whether Right For Purchasers To Resile From Their Promise Not To Sue And Claim Damages For Late Delivery

    The appellant ("Oxbridge") was a housing developer for a housing project ("the project").
    MalaysiaCorporate/Commercial Law
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    China Arbitration Week 2019

    A Special Interview with Mr Wang Chengjie, Vice Chairman & Secretary General of China International Economic and Trade Arbitration Commission (CIETAC), China.
    MalaysiaLitigation, Mediation & Arbitration
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Malaysia's Federal Court Sets Aside Default Judgment Obtained In Breach Of An Arbitration Agreement

    In Tindak Murni Sdn Bhd v Juang Setia Sdn Bhd (Civil Application No. 03-2-11/2018(B) and Civil Application No. 02(i)-104-11/2018(B))
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Showing 141–160 of 289 results

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