ArticleLegal Updates Oct 2022 (2)The Securities Commission Malaysia revised its licensing handbook on 12 October 2022. Amongst the changes are...MalaysiaFinance and BankingShearn Delamore & Co.
ArticleMIFC Leadership Council To Drive The Next Phase Of Development In Positioning Malaysia As An International Islamic Financial CentreBank Negara Malaysia and the Securities Commission Malaysia on 5 October 2022 announced the establishment of the Malaysia International Islamic Financial Centre Leadership Council. MalaysiaFinance and BankingShearn Delamore & Co.
ArticleBursa Malaysia To Launch Voluntary Carbon Market Exchange By The End Of 2022Bursa Malaysia Berhad ("Bursa Malaysia" or the "Exchange") announced on 15 August 2022 that it will be launching the Voluntary Carbon Market ("VCM") exchange by the end of 2022...MalaysiaCorporate/Commercial LawShearn Delamore & Co.
ArticleBursa Malaysia's Climate Change ReportingTo raise sustainability practices and disclosures of listed issuers, Bursa Malaysia Securities Berhad ("Bursa Malaysia") has enhanced the sustainability reporting requirements in the Main Market...MalaysiaEnvironmentShearn Delamore & Co.
ArticleLoan (Local) (Fees Payable To Depository Institution) Rules 1991The Loan (Local) (Fees Payable to Depository Institution) Rules 1991 P.U.(A) 69/2023 was gazetted on 15 March 2023 ("Rules").MalaysiaFinance and BankingShearn Delamore & Co.
ArticleDispute Involving Online Marketplace Operator: A & M Beauty Wellness Sdn Bhd V Shopee Mobile Malaysia Sdn Bhd (2022)The Firm successfully defended the prominent e-commerce platform operator, Shopee Mobile Malaysia Sdn Bhd ("Shopee") in a suit filed by the Plaintiff after a full trial on matters pertaining to trademark infringement, unlawful interference of trade and obligation to disclose users' data.MalaysiaIntellectual PropertyShearn Delamore & Co.
ArticleMyCC's Public Consultation — Proposed Renewal Of Block Exemption For Vessel Sharing Agreement ("VSA") In Respect Of Liner Shipping ServicesOn 23 August 2022, the Malaysia Competition Commission ("MyCC") launched a public consultation on the proposed renewal of a Block Exemption Order ("BEO")...MalaysiaAntitrust/Competition LawShearn Delamore & Co.
ArticleWide Order Of Injunction Sought Against Online Marketplace Operator Refused In The High Court: A & M Beauty Wellness v ShopeeE-commerce has become an indispensable part of the country's economy particularly with the Covid-19 pandemic. With its growing demand come legal challenges which are novel to Malaysia.MalaysiaAntitrust/Competition LawShearn Delamore & Co.
ArticleLegal Updates May 2023On 19 April 2023, the 10th Revision of the Guidelines on Recognized Markets was issued by the Securities Commission Malaysia ("SC") which introduces a new chapter on requirements...MalaysiaFinance and BankingShearn Delamore & Co.
ArticleKeeping Hush — When Oversharing Leads To Losing ConfidentialityAn 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 & ArbitrationShearn Delamore & Co.
ArticleTaxpayer Succeeded In A Judicial Review Application Instituted Against The Director General Of Customs & Excise ("Customs"), In A Challenge Against Customs' Refusal To Recognise GST Exemption For Designated AreasIn the recent case of Lam Ah Company Sdn Bhd ("taxpayer") v Director General of Customs and Excise, the taxpayer succeeded in its judicial review application challenging Customs' refusal to give effect to the exemption under section 155 of the Goods and Services Tax Act 2014 ("GST Act").MalaysiaTaxShearn Delamore & Co.
ArticleDefamation: When A Drama Is Just A DramaIt 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 & ArbitrationShearn Delamore & Co.
ArticleMediation — 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 & ArbitrationShearn Delamore & Co.
ArticleLegal Updates April 2023Bank Negara Malaysia ("BNM") is inviting feedback by 30 May 2023 to its exposure draft which sets out its proposal to issue a new Financial Technology Regulatory Sandbox Framework...MalaysiaFinance and BankingShearn Delamore & Co.
ArticleArbitrability: The "Composite" ApproachWhat 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 & ArbitrationShearn Delamore & Co.
ArticleMalaysian Budget 2023: Real Estate SectorThe Malaysian budget for 2023 was re-tabled on 24 February 2023 ("Budget 2023") by Datuk Seri Anwar Ibrahim, the Prime Minister and Minister of Finance of Malaysia.MalaysiaReal Estate and ConstructionShearn Delamore & Co.
ArticleExposing Confidentiality Of Tribunal's DeliberationsThe Singapore International Commercial Court ("SICC") recently declined an order requiring the Tribunal to disclose its deliberations. It was held that interests of justice of the case...SingaporeLitigation, Mediation & ArbitrationShearn Delamore & Co.
ArticleBNM Issues Discussion Paper On Financial Inclusion Framework 2023-2026BNM has on 3 February 2023 issued a discussion paper on its proposed Financial Inclusion Framework 2023-2026 ("Framework") and inviting feedback by 31 March 2023.MalaysiaFinance and BankingShearn Delamore & Co.
ArticleLegal Updates August 2023On 15 August 2023, Labuan IBFC officially launched its first AML/CFT compliance platform with the formation of the Labuan Bank Compliance Officers' Networking Group...MalaysiaFinance and BankingShearn Delamore & Co.
ArticleTax Case Update — JT Broadway Sdn Bhd ("Taxpayer") V Director General Of Customs ("Customs") And The Customs Appeal Tribunal ("Tribunal")Recently, the High Court ruled in JT Broadway Sdn Bhd ("taxpayer") v Director General of Customs ("Customs") and Customs Appeal Tribunal ("Tribunal")...MalaysiaTaxShearn Delamore & Co.