ArticleThe Waiting GameLoo Peh Fern and Siew Ka Yan explain a case of a hospital's liability for misinformation by its non-medically qualified staff.MalaysiaLitigation, Mediation & ArbitrationSKRINE
ArticleThe Pay-When-Paid ClauseImagine this. A, B and C are the employer, contractor and sub-contractor respectively. MalaysiaCorporate/Commercial LawAzman, Davidson & Co
ArticleThe Voices Of The Exploited: Undocumented Migrant Workers' Right To File A Claim In Labour Court
ArticleTo (DI) Or Not To (DI), That Is The QuestionDuring the DI, the Claimant admitted guilt in respect of the third charge and disputed the remaining charges. MalaysiaEmployment and HRSKRINE
ArticleMalaysia's Federal Court Grants Third Party Anti-Arbitration InjunctionIt is an oft-repeated rule that only signatories to an arbitration agreement can be made party to arbitration proceedings.MalaysiaLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleCan Beauty Salons And Aesthetic Clinics Be Sued For Erroneous Treatment?Despite the subjectivity of "beauty" and the fact that everyone is unique in their own ways, it is undeniable that most individuals may have desires to sustain a flawless and/or perfect appearance...MalaysiaLitigation, Mediation & ArbitrationKevin Wu & Associates
ArticleSale By Tender: When Does A Contract Arise?It is common practice for receivers or liquidators selling the assets of a company to conduct a sale by tender, issuing an Information Memorandum and inviting tenders from various parties. MalaysiaCorporate/Commercial LawSKRINE
ArticleA & M Beauty Wellness V Shopee: The Rise Of The Planet Of Counterfeit Products?It is beyond question that the COVID-19 pandemic has paved the way for rapid digital adoption across the globe. MalaysiaIntellectual PropertySKRINE
ArticleJurisdictional Focus: Recent Developments In Brunei Courts Underscores Judiciary Support For ArbitrationAlastair Henderson, Priya Aswani and Kin-Hoe Loi have recently published an article in the Asian Dispute Review (October 2022 edition) on the recent developments in the Brunei courts...GlobalLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleShipping Case DigestEng Tou 110, a dumb barge ("Barge"), was towed by tugboat Inai Teratai 86 ("the Tug") along Sungei Loba Satubah, Sarawak when the Barge collided with the river bridge under construction by the plaintiff. MalaysiaTransportLee Hishammuddin Allen & Gledhill
Article马来西亚的法院调解制度介绍本文主要介绍马来西亚的法院调解制度。2012年,马来西亚颁布了《2012法院规则》,对法院的调解制度进行明确的规定。MalaysiaLitigation, Mediation & ArbitrationJincheng Tongda & Neal
ArticleFraudulent Trading - Directors' Personal Liability And The Duty Of Good Faith In NegotiationsThe Federal Court had the opportunity to consider novel questions of law concerning fraudulent trading under S 540, Companies Act 2016...MalaysiaCorporate/Commercial LawLee Hishammuddin Allen & Gledhill
ArticleI Am Not Your Lawyer! But Hey, Tell Me Your Secret…Look, you are here as an employee investigated by the company.MalaysiaEmployment and HRShearn Delamore & Co.
ArticleWhat Is An EPC Contract?In any construction contract, the key considerations between the parties lie with the aspects of time, cost and quality.MalaysiaGovernment, Public SectorMahWengKwai & Associates
ArticleLAD Claims Against Developers: Cases Since Ang Ming LeeIn Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & Anor and other appeals [2020] 1 MLJ 281, the Federal Court held that the Controller of Housing does not have the power to extend the completion time ...MalaysiaReal Estate and ConstructionMahWengKwai & Associates
ArticleAdmiralty Practice In MalaysiaThe Industry quickly embraced the Admiralty Court as a preferred means to resolve shipping disputes, as the Court possessed several important attributes.MalaysiaTransportAzmi & Associates
ArticleStatutory Assignment vs Equitable AssignmentThis article attempts to provide a brief overview of the differences between statutory assignment and equitable assignmentMalaysiaLitigation, Mediation & ArbitrationAzmi & Associates
ArticleRoyalty Adjustment For Customs ValuationRecently, the High Court in UC Sdn Bhd v Ketua Pengarah Kastam, Malaysia set aside the uplifting of customs value by including royalty payments by the Customs.MalaysiaTaxLee Hishammuddin Allen & Gledhill
ArticleSelecting An Arbitration Seat: The Art Of Being SpecificWhen parties opt for arbitration, the arbitration clause or agreement reflects their mutual consent to resolve disputes through arbitration.MalaysiaLitigation, Mediation & ArbitrationAzmi & Associates
ArticleNavigating Jurisdictional Complexities In Child Conversion Cases: Civil Courts Or Syariah Courts?It is well-established that Muslims wishing to convert out of Islam or renounce the religion must obtain a certificate of apostasy from the Syariah Courts...MalaysiaLitigation, Mediation & ArbitrationAzmi & Associates