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  • Article

    What Evidence Is Required In Order To Secure A Mareva Injunction?

    Pending the determination of a dispute, a party may worry that the opposing party will dissipate the relevant assets in dispute before the conclusion of the legal action.
    MalaysiaLitigation, Mediation & Arbitration
    Gan Partnership
    Gan Partnership
  • 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

Tort Of Negligence: Occupier's Liability

In mid-October 2022, two people were injured when a lift they were riding plunged down from the eighth floor to the ground floor of a Condominium in Brickfields, Kuala Lumpur.
MalaysiaLitigation, Mediation & Arbitration
Kevin Wu & Associates
Kevin Wu & Associates
  • 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

    Malaysian Civil Litigation Series. Volume 1: What And When?

    In this modern era, more individuals and companies have started to make their mark in other countries.
    MalaysiaLitigation, Mediation & Arbitration
    One Asia Lawyers
    One Asia Lawyers
  • Article

    Launch Of AIAC Arbitration Rules 2023

    The Asian International Arbitration Centre (AIAC) has released its latest update to the AIAC arbitration rules, following their last update in 2021. The new rules came into effect on 24 August 2023...
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    The "Reynolds Public Interest Defence" And S.4 Of The UK Defamation Act 2013

    The Reynolds privilege is concerned to provide a proper degree of protection for responsible journalism when reporting matters of public concern.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Interest In Interest? Application Of Interest Not Regulated Under The Moneylenders Act 1951: Summerhay Development Sdn Bhd v Ivory Ascent Sdn Bhd [08(f)-415-09/2022]

    The Firm acted for a corporate licensed Moneylender in an appeal against the High Court decision in Summerhay Development Sdn Bhd v Ivory Ascent Sdn Bhd (2020 1 LNS 1491 and 2020 MLJU 1549)...
    MalaysiaConsumer Protection
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • 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

    Adjudication In Malaysia

    The use of adjudication as a rapid binding dispute resolution procedure for construction contracts has been slowly spreading around the world. Adjudication was first introduced in the UK in May 1998 as a result of the Housing Grants, Construction and Regeneration Act 1996.
    MalaysiaReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Vacant Possession: A Developer's Horror Story?

    Based on a true story, Witter Yee recounts the tale of two conflicting Court of Appeal decisions.
    MalaysiaReal Estate and Construction
    SKRINE
    SKRINE
  • Article

    The Importance Of Boilerplate Clauses

    Boilerplate clauses are predominantly standard and often viewed as miscellaneous provisions in an agreement.
    MalaysiaCoronavirus (COVID-19)
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Abolishment Of Mandatory Death Penalty In Malaysia

    The death penalty has been introduced in the Malaysian Criminal Justice System since the British Colonial Administration when it was originally enforced for the offence of murder.
    MalaysiaLitigation, Mediation & Arbitration
    Azmi & Associates
    Azmi & Associates
  • Article

    Federal Court Clarifies Liability Of Two Or More Judgment Debtors Where The Words "joint And Several" Are Not Stated In The Judgment

    The liability of the judgment debtors is both joint and several by operation of law under Section 44(1) of the Contracts Act 1950.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Pardon And Clemency In Malaysia

    The issue of royal pardon has been a hot topic following the recent news of the Pardons Board granting pardon to Dato' Sri Najib Tun Razak, the sixth Prime Minister who was convicted in August 2022...
    MalaysiaGovernment, Public Sector
    Kevin Wu & Associates
    Kevin Wu & Associates
  • Article

    Common Contractual Clauses In A Chinese Sales Contract

    A sales contract is a legally enforceable document that sets out the terms and conditions of a sale, such as the buyer's obligation to pay the seller for goods and services.
    MalaysiaInternational Law
    VikneshYap
    VikneshYap
  • Article

    Introduction To The Mareva Injunction Order

    The Mareva Injunction originated from Lord Denning's statutory interpretation in Mareva Compania Naveria SA v. International Bulkcarriers SA [1980] 1 All ER 213.
    MalaysiaLitigation, Mediation & Arbitration
    Kevin Wu & Associates
    Kevin Wu & Associates
  • Article

    Malaysian Civil Litigation Series

    In our previous edition, we have looked into the commencement of a legal suit. However, they may be instances where drastic measures need to be taken in order to protect a party's rights...
    MalaysiaLitigation, Mediation & Arbitration
    One Asia Lawyers
    One Asia Lawyers
  • Article

    Malaysian Court Of Appeal Considers Injunctions To Restrain The Calling Of Performance Bonds In Support Of Arbitration

    In the first half of 2019, Malaysia's Court of Appeal considered no less than four appeals relating to applications to restrain the calling of performance bonds in the construction sector.
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    A Double-Barrelled Approach?

    The question posed to the Court of Appeal in Mak Siew Wei is closely linked to the principle of reflective loss.
    MalaysiaCorporate/Commercial Law
    SKRINE
    SKRINE
  • Showing 161–180 of 289 results

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