NEWS ALERTS & DEALS ARCHIVES

2012

CORPORATE DIVISION

BP-Reliance
Corporate Partners, Faizah Jamaludin and Janet Looi, assisted by associates Adzim Amir Hamzah, Syaida Majid and Melvyn Seah, represented BP PLC in the disposal of its purified terephthalic acid production plant in Malaysia to India's Reliance Global Holdings Pte Ltd.

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AIA-ING Malaysia
SKRINE, led by Corporate partner Janet Looi, and assisted by associates Fariz Aziz and Melvyn Seah, acted as Malaysian counsel for Allen & Overy representing ING on a sale of its Malaysian insurance business to the AIA Group Ltd.

The report on AIA's acquisition of the Malaysian insurance business of ING Group can be found here.

 

SKRINE, led by Oil & Gas Partner, Faizah Jamaludin, represented Australia's Roc Oil Company Limited (ROC) in the Small Field Risk Service Contract (SFRSC) entered into by Malaysia's national oil company, PETRONAS, on 16 August 2011 with a contractor group comprising Roc Oil Malaysia (Holdings) Sdn. Bhd, Dialog D & P Sdn. Bhd. and PETRONAS Carigali Sdn. Bhd. for the pre-development and development of the Balai Cluster fields, offshore Sarawak. The Balai Cluster SFRSC is the second contract to be awarded under PETRONAS' new petroleum arrangement for the development and production of marginal hydrocarbon reserves in Malaysia.

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DISPUTE RESOLUTION DIVISION

Irham Niaga Sdn Bhd & Irham Niaga Logistics Sdn Bhd v Tenaga Nasional Berhad
On 20 September 2012, the Kuala Lumpur High Court allowed Irham Niaga Sdn Bhd's and Irham Niaga Logistics Sdn Bhd's ("collectively referred to as Irham Niaga") suit against Tenaga Nasional Berhad (TNB) after a full trial.

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China Steel Corp
Dispute Resolution Partner, Lim Koon Huan, assisted by associate Jason Teoh, represented Jiangsu Shagang and Jiangsu Yonggang in an anti-dumping preliminary decision in which MITI held that the clients were not subject to any anti-dumping duty. The firm also represented China Steel Corp on whom a 5.56% duty was imposed (the lowest rate for the parties on whom anti-dumping duty was imposed).

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Sime Darby Futures Trading
SKRINE, led by DR partner Claudia Cheah and associate Nur Syafinaz Vani represented Sime Darby Futures Trading Sdn Bhd in a claim against an oil trading company for breach of contract involving the sale and purchase of Refined Bleached Deodorized Palm Oil ('RBDPO'). On 12 October 2012, the High Court after full trial allowed the claim of Sime Darby Futures Trading Sdn Bhd in the sum of RM3.27 million, interest and cost of RM50,000.

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Tan Sri Dato' Hj Lamin Hj Mohd Yusuf v Bursa Malaysia Securities Berhad
SKRINE, led by DR Head Leong Wai Hong as counsel with associate Kwan Will Sen successfully resisted the directors' applications for leave to appeal to the Federal Court on 16 July 2012.

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Sumatec Engineering and Construction Sdn Bhd v. Malaysian Refining Company Sdn Bhd
The Federal Court, in a landmark decision, conclusively ruled that "unconscionability" is a distinct ground to restrain a call on a performance bond or bank guarantee. This case resolves the conflicting decisions in the Court of Appeal.

 

Sediabena Sdn Bhd v Qimonda Malaysia Sdn Bhd
SKRINE, led by DR Head Leong Wai Hong as Counsel with partners Ashok Ranai and Lam Wai Loon and assisted by associate Tan Lai Yee successfully resisted the employer, Qimonda's leave to appeal application to the Federal Court on 31 October 2011 following the decision of the Court of Appeal on behalf of the contractor, Sediabena.

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SKRINE, led by DR partner Lim Koon Huan assisted by associate Jason Teoh, represented five Japanese mills, JFE Steel Corporation, Nippon Steel Corporation, Sumitomo Metal Industries Limited, Kobe Steel Limited and Nisshin Steel Co. Limited as well as the Japanese Chamber of Trade & Industry, Malaysia, in the first hearing of its kind under the Safeguards Act 2006. American firm, Sidley Austin LLP, led by Richard Weiner, were also appointed as Counsel for the five mills. SKRINE was the only Malaysian firm involved in this matter.

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INTELLECTUAL PROPERTY DIVISION

Copyright (Licensing Body) Regulations 2012
The Regulations set out the procedure in relation to the new requirement under the Copyright (Amendment) Act 2012 for an organisation to be declared as a licensing body for copyright owners or for a specified class of copyright owners.

As Sections 27AA and 27H of the Act provide that Sections 27B to 27G and Sections 27I to 27L are only applicable to licences granted/licensing schemes operated by licensing bodies, it appears that an organisation which is not declared to be a licensing body will not have any power to grant licenses on behalf of the copyright owners.

To access the regulations, please click >> HERE

 

The Copyright (Voluntary Notification) Regulations 2012
The voluntary notification scheme under the new sections 26A to 26C which were introduced by the Copyright (Amendment) Act 2012, is a ground-breaking development in copyright law in Malaysia.

To access the regulations, please click >> HERE

 

2011

CORPORATE DIVISION

Skrine represented the vendor, the shareholders of MTM Multimedia,  in the proposed acquisition by Proto Corp, a Japanese listed corporation  for an amount of RM109.67 million. Corporate Partner, Cheng Kee Check led the SKRINE team.

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SKRINE represented LeGrand France SA, the purchaser, in the proposed disposal by United U-Li Corp Bhd of the shares of 3 of its subsidiaries for RM200 million. Corporate Partner, Janet Looi led the SKRINE team.

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SKRINE represented Puncak Oil & Gas Sdn Bhd, a wholly-owned subsidiary of Puncak Niaga Holdings Berhad (a Main Market listed company) which entered into agreements to acquire 40% of the issued capital in Global Offshore (Malaysia) Sdn. Bhd. and KGL Ltd. from Global International Vessels Ltd., a subsidiary of Global Industries, Ltd. (a NASDAQ listed company). Corporate partner, Faizah Jamaludin, led the SKRINE team.

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The Government of Brunei signed a consultancy contract with SKRINE in Bandar Sri Begawan on Thursday, 5th May 2011 for the drafting of the Brunei National Standards Act.

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Faizah Jamaludin, SKRINE's Competition Practice Group Head, was interviewed by the STAR Business on 23 April 2011 on the Competition Act 2010 and the Price Control and Anti-Profiteering Act 2010.

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Updated Guidelines on Corporate Governance for Licensed Islamic Banks issued by Bank Negara Malaysia on March 2011.

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Contaminated Land Management Guidelines issued by the Department of Environment on 15 March 2011.

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DISPUTE RESOLUTION DIVISION

Partners, Leong Wai Hong, Ashok Kumar and Lam Wai Loon &  Associate, Tan Lai Yee represented the respondent/contractor in The Court of Appeal which upheld the decision of  the High Court in the case of Sediabena Sdn Bhd v Qimonda Malaysia Sdn Bhd.

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Dispute Resolution Partner, Lim Chee Wee and Associate, Ruth Garnet Maran successfully represented Bursa Malaysia in the Court of Appeal on 29 April 2011. The decision is significant in that it was held by the Judges of the Court of Appeal that the courts should be slow to interfere with the decisions of capital markets regulators on matters of listing as unreasonable intervention in such decisions would lead to uncertainties in the market.

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Can A Receiver and Manager be sued by an Unsecured Creditor For Fraud?
SKRINE partner, Mr. Leong Wai Hong succeeded in the Court of Appeal in a decision which has a far reaching effect in preventing the floodgates of suits against receivers and managers in general.

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INTELLECTUAL PROPERTY DIVISION

The Deputy Minister of Information, Communication and Culture has indicated that the Personal Data Protection Act will be enforced in early-2012.

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Personal Data Protection Act 2010
A summary of salient provisions. Received Royal Assent on 2nd June 2010. Will come into operation on a date appointed by the Minister by notification in the Gazette [section 1(2)].

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The Trade Marks Regulations 2011 have come into effect on 15 February 2011.

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The Patents Amendments Regulations 2011 have come into effect on 15 February 2011.

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Asia Pacific Legal 500 2013

6 partners are listed as Leading Lawyers in the Asia Pacific Legal 500 2013.

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Chambers Asia-Pacific 2013

13 partners are ranked as Chambers Leading Lawyers 2013.

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ALB 2012 Corporate M&A Rankings

Skrine's Corporate & M&A Practice Group was ranked in Tier 1 by the Asian Legal Business (ALB) Magazine's 2012, Corporate M&A Rankings (Malaysia).

For more information on the rankings, please click here.

Who's Who Legal 2012

We are pleased to announce that 10 of our lawyers have been listed as leading individuals in the Who's Who Legal – The International Who's Who of Business Lawyers 2012.

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