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  • Article

    [IP] Special Alert: Court Of Appeal Reaffirms Test For Breach Of Confidence

    Earlier this week, the Court of Appeal unanimously allowed the appeal and entered judgment against 3 respondents for breach of confidence. The Court of Appeal agreed that ownership of confidential information is not a relevant consideration.
    MalaysiaLitigation, Mediation & Arbitration
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Courts Of Judicature (Amendment) Act 2022

    Act A1661: Courts of Judicature (Amendment) Act 2022 which comes into operation on 1 October 2022. This is an Act to amend the Courts of Judicature Act 1964.
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Kuala Lumpur Regional Centre For Arbitration Rebrands As Asian International Arbitration Centre

    The Kuala Lumpur Regional Centre for Arbitration ("KLRCA") has officially changed its name to the Asian International Arbitration Centre ("AIAC").
    MalaysiaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Kenyataan Media Berkenaan Kepulangan Loo Ai Swan (Jasmine)

    Anak guam kami telah menyerahkan diri kepada pihak berkuasa Malaysia baru-baru ini. Beliau telah ditangkap, direman dan kini berada dalam tahanan.
    MalaysiaLitigation, Mediation & Arbitration
    AmerBON
    AmerBON
  • Article

    Media Statement On The Return Of Loo Ai Swan (Jasmine)

    Our client recently surrendered herself to the Malaysian authorities. She was arrested, remanded, and is now in custody.
    MalaysiaLitigation, Mediation & Arbitration
    AmerBON
    AmerBON
  • Article

    Case Update: Pleadings And Documents Filed In Court Proceedings Are Shielded By Absolute Privilege From Defamation

    Facts Chan Yoke Yee ("1st Respondent") is a businesswoman. The 2nd Respondent is a senior lawyer while, Kinta Riverfront Hotel & Suites Sdn Bhd ("Appellant") runs a hotel in Ipoh.
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Employee That Enters Into Negotiations For Severance And Agrees To The Terms Cannot Then Claim For Wrongful Dismissal

    Facts Felix Lee (the ‘Respondent') was employed as the Chief Executive Officer (‘CEO') of Matrix Global Education Sdn Bhd (the ‘Appellant').
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Keeping Hush — When Oversharing Leads To Losing Confidentiality

    An advantage of arbitral proceedings over court proceedings is that arbitration is private and only involves the named parties. This is reflected in sections 41A and 41B of the Arbitration Act 2005.
    MalaysiaLitigation, Mediation & Arbitration
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    "Mediation, New Legal Realism And The Multilateral Rules Based Order" Paper Discussed At The Inaugural Asia Pacific Centre Of Arbitration And Mediation (APCAM) Summit Held In New Delhi, India From 6-7 May 2023 (Video)

    I spoke at the APCAM SUMMIT 2023 (held in New Delhi, India from 6-7 May 2023) as a member of the Malaysian Bar Council and Malaysia International Mediation Centre delegation.
    MalaysiaLitigation, Mediation & Arbitration
    Poon & Wong
    Poon & Wong
  • Article

    The Asian International Arbitration Centre Gets A New Director

    After more than 3.5 months without a Director, Datuk Professor Sundra Rajoo has been appointed as the Director of the Asian International Arbitration Centre ("AIAC").
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Case Update: Unreasonable To Hold That Routine Residential Construction Works Are Subject To Non-Delegable Duty

    Excavation Works – Damages – Underground Cable – Non-Delegable Duty of Care – Independent Contractors – Negligence...
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Court Of Appeal Awards Reasonable And Appropriate Loss Of Profits In Wrongful Disconnection Of Electricity Case

    Facts Karun Klasik Sdn Bhd (the ‘Appellant') carried on business at a factory located on its premises which processes and freezes prawns mainly for export.
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Landmark High Court Case In Relation To An Alleged Defamatory Statement Over Imessage

    Facts The claim was filed by Pushparajan (the ‘Plaintiff') for damages against Chin Wai Yee (the ‘Defendant') for a defamatory statement which was allegedly sent by the latter...
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Defamation: When A Drama Is Just A Drama

    It is common for fictional works to contain stylistic and creative choices and the use of artistic licence. The question arises whether there is a limit to such creativity where life events intersect with such creativity.
    MalaysiaLitigation, Mediation & Arbitration
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    Mediation — International Enforcement — A Viable Alternative To Arbitration?

    The United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention on Mediation) ("Convention") was adopted on 20 December 2018...
    MalaysiaLitigation, Mediation & Arbitration
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    Case Update: Court's Jurisdiction Limited To Identifying Whether There Is Prima Facie Existence Of An Arbitration Agreement

    Facts Cockett Marine (the "Appellant") is a Singaporean company which supplies bunker fuel for shipping vessels. MISC Berhad (the "Respondent") is a bunker supplier and owner of a vessel...
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Arbitrability: The "Composite" Approach

    What happens when the law of the arbitration agreement and the law of the seat diverge on the matter of arbitrability of a dispute? This was considered very recently by the ...
    MalaysiaLitigation, Mediation & Arbitration
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    Case Update: Court Decision That Is Delivered Without Written Grounds Has No Value As Precedents

    CRIMINAL PROCEDURE Law Firm - Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – Seizing Order – Forfeiture – Legitimate Interest – Legal Fees – Decision – No written Judgement
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    F.T. Fatwas: Non-Syariah Complaint Assets; Assets Found But Whose Ownership Cannot Be Ascertained And Discharging Indebtedness To Creditors Or Their Heirs Who Cannot Be Located

    Following the 99th meeting of the Federal Territory Syarak Law Consultative Committee on 3O November 2016, the Mufti for the Federal Territories issued three fatwas...
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Public Auction Derailed By Movement Control Order?

    The Plaintiff averred that the extension of time applied for was merely to substitute the 50 days lost as a result of the MCO.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE

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