Disclaimer
The contents of these articles from our newsletter are of a general nature. You are advised to seek specific legal advice on any transaction or matter that may be affected by these articles. If you require further analysis or explanation of the subject matter, please contact our partners or the person whom you normally consult.
Arbitration (International & Domestic)
Legal Insights Issue 04/2012, December 2012 – “Aligning Arbitration in India with International Practice”
Commenting on a recent landmark decision of the Supreme Court of India in Bharat Aluminium Co. v Kaiser Aluminium Technical Service Inc. [2012] 6 Madras Law Journal 630.
Legal Insights Issue 04/2012, December 2012 – “Satellite Wars”
A case commentary of a Singapore High Court decision of Astro Nusantara International BV and others v PT Ayunda Prima Mitra and others [2012] SGHC 212.
Legal Insights Issue 03/2012, September 2012 – "Much Ado About Nothing?"
A review of the Mediation Act 2012.
Legal Insights Issue 03/2012, September 2012 – "Polar Opposites"
This article explains why the High Court decided that it has no jurisdiction to set aside an arbitral award with the seat outside of Malaysia in the case Twin Advance(M) Sdn Bhd v Polar Electro Europe BV.
Legal Insights Issue 01/2012, March 2012 – "If You Go To Caesar You Must Take Caesar's Judgement"
A commentary on the decision of the Federal Court in Government of India v Cairn Energy India Pty Ltd & Anor [2011] 6 MLJ 441.
Legal Insights Issue 02/2011, June 2011 – The Arbitration (Amendment) Act 2011
The writer explains the changes under the Arbitration (Amendment) Act 2011.
Legal Insights Issue 03/2011, September 2011 – "New ICC Rules Of Arbitration 2012"
This article highlights some of the changes that will be introduced under the New Rules.
Legal Insights Issue 4/2010, December 2010 – Abandoned!
Port Kelang Authority v Kuala Dimensi Sdn Bhd.
The Court of Appeal had the occasion to consider the limits of Section 10(1)(a) of the Arbitration Act 2005.
Legal Insights Issue 4/2010, December 2010 – Practical Guide Series: Drafting Arbitration clauses
How to avoid common pitfalls in drafting arbitration clauses.
Legal Insights Issue 1/2010, March 2010 – Bowled Out!
The Federal Court overturns the Sri Lanka Cricket v World Sports Nimbus Pte Ltd (2006)2 CLJ 316. (covered by our Legal insights issue 2/2006).
Legal Insights Issue 4/2008, December 2008 – A Hard Act to Follow
Which Arbitration Act applies to arbitration proceedings that arise from an arbitration agreement made before 15 March 2006?
Legal Insights Issue 2/2008, June 2008 – Court Shuts door to Relief for Foreign arbitrations
The High Court considers whether it has jurisdiction to grant interim relief in respect of the subject matter of foreign arbitrations under the Arbitration Act 2005.
Legal Insights Issue 4/2007, December 2007 – A fresh Start for English Arbitration
Reviews the recent decision of the House of Lords in Premium Nafta Products Ltd v Fili Shipping Company Ltd [2007] UKHL 40.
Legal Insights Issue 3/2007, October 2007 – Singapore courts confirm policy of Minimal Curial Intervention in Arbitrations
Examines Soh Beng Tee & Co Pte Ltd v Fairmount Development Pte Ltd [2007] 3 SLR 86, a recent decision from across the causeway.
Legal Insights Issue 3/2006, September 2006 – Fine tuning the Arbitral process
Discusses the importance of minimising time and expense of arbitral proceedings.
Legal Insights Issue 2/2006, June 2006 – Hiccups in Enforcing Foreign Arbitral Awards
Discussion on the case of Sri Lanka Cricket v. World Sport Nimbus Pte Ltd [2006] 3 MLJ 117.
Legal Insights Issue 1/2006, March 2006 – Newsflash – The new Malaysian Arbitration Act
The aim of the new Act is to bring Malaysia in line with modern international practice.
Banking
Legal Insights Issue 03/2012, September 2012 – "Refer to Drawer"
This article explains the dangers of the indiscriminate use of the above-referred phrase.
Legal Insights Issue 03/2012, September 2012 – "Liability on Unauthorised Credit Card Charges"
A practical guide series.
Legal Insights Issue 3/2010, September 2010 – Court's right to refer cases to an arbitrator or special referee
A summary of the High Court's decision in Bank Simpanan Nasional v Cyber Business Solutions Sdn Bhd.
Legal Insights Issue 1/2010, March 2010 – What's in A Name
The High Court's decision in Re Mohd Zuhri Mohd Idris; Ex Parte Bumiputra-Commerce Bank Bhd [2010] 1 CLJ 786.
Legal Insights Issue 2/2009, June 2009 – Can a Bank Blindly Follow It's Customer's Instructions?
The Court of Appeal's decision in Bank Utama (Malaysia) Berhad v Insan Budi Sdn Bhd.
Legal Insights Issue 1/2009, March 2009 – Best Practice Series – Debt Recovery
Some best practices adopted by businesses to recover debts owed.
Legal Insights Issue 3/2008, October 2008 – Is failure to reply an admission of Debt
A commentary on PECD Construction Sdn Bhd v Freehold Point Sdn Bhd and Tan Cheng Hock v Chan Thean Soo.
Legal Insights Issue 2/2007, July 2007 – Standard Chartered Bank M'sia v Hew Hai Woon
This case highlights the pitfalls for a chargee who signs a charge-in-substitution on behalf of a charger.
Legal Insights Issue 2/2004, June 2004 – DEJAVU – The court of appeal revisits The Mae Perkayuan Case
Bumiputra-Commerce Bank Bhd, Kuala Terengganu v. Chendering Development Sdn Bhd [2004] 1 CLJ 781 discussed.
Legal Insights Issue 1/2004, March 2004 - Banking Legislation – Recent Amendments
Commentary on the salient amendments to these statutes.
Bankruptcy / Insolvency
Legal Insights Issue 02/2012, June 2012 – "Bankrupt's Right to Appeal against Bankruptcy Orders Curtailed"
A case commentary on Ho Ken Seng v Progressive Insurance Sdn Bhd [2012] 1 MLJ 297.
Legal Insights Issue 02/2011, June 2011 – What About Me?
A case commentary on "Monorail Retail Sdn Bhd v Cho Choo Meng, Mohd Anwar bin Yahya & PriceWaterhouseCoopers" the decision has significant implication for the receivership industry.
Legal Insights Issue 3/2010, September 2010 – Liquidators now facing a Dire Conflict
The Court of Appeal's views on conflicts of interest involving liquidators.
Legal Insights Issue 2/2008, June 2008 – Irreconcilable Differences II
Discussed the sequel to "Irreconcilable Differences".
Legal Insights Issue 2/2007, July 2007 – Irreconcilable Differences?
Discusses two cases where the Courts arrived at diametrically opposite decisions despite the substantial similarity of facts.
Legal Insights Issue 4/2006, December 2006 – Pre Empting a Winding up Petition – Part 2
Discussion on restraining a winding-up petition.
Legal Insights Issue 3/2006, September 2006 – Pre Empting a Winding Up Petition – Part 1
Outlines the development of the court's jurisdiction to grant injunctions to restrain winding-up petitions in the first of a two part series.
Legal Insights Issue 2/2006, June 2006 – Showing the liquidator the Red Card
Examines the grounds on which the ex-parte appointment of a provisional liquidator may be set aside.
Legal Insights Issue 1/2004, March 2004 – Can a Judgement Creditor be sued for making a Judgement Debtor a bankrupt, if the latter has settled his debt during Bankruptcy proceedings
Mohamed Yusof bin Abdul Wahab v American Express (M) Sdn Bhd [2002] 6 MLJ 507.
Civil Procedure
Legal Insights Issue 02/2012, June 2012 – "A Right for Every Wrong"
This article examines the abolition of immunity of expert witnesses in England in the case of Jones v Kaney [2011] UKSC 13.
Legal Insights Issue 02/2012, June 2012 – "Super-Injunctions"
The article provides an overview on super-injunctions and examines whether Malaysian Courts would grant a super-injunction.
Legal Insights Issue 04/2011, December 2011 – "The Hallmark of A Vexatious Litigant"
A commentary on the Court of Appeal's decision in Sim Kooi Soon v Malaysia Airline System (No 2) [2010] 9 CLJ 936 as to the characteristics of a vexatious litigant..
Competition Law
Legal Insights Issue 2/2010 – No Turning Back Malaysian Competition Act
The impact of this impending legislation after a 17 year wait.
Construction & Engineering
Legal Insights Issue 01/2012, March 2012 – "The End of Cash Flow Woes?"
An overview of the Construction Industry Payment and Adjudication Bill 2011
Legal Insights Issue 04/2011, December 2011 – "Without Doubt, It's Mine"
A discussion of the Sediabena Sdn Bhd & 1 other v Qimonda Malaysia Sdn Bhd-(In Liquidation) Cases.
Legal Insights Issue 02/2011, June 2011 – Yours or Mine?
A case commentary on Sediabena Sdn Bhd v Qimonda Malaysia Sdn Bhd, the High Court decided not to follow the English position, but instead held that the retention monies under the contract are monies held in trust by employer.
Legal Insights Issue 03/2011, September 2011 – "It's Still Mine"
This article discusses the Court Of Appeal's decision in the Sediabena v Qimonda Case.
Legal Insights Issue 3/2009, September 2009 – Dichotomy of Contracts Reinforced
Case commentary on Johor Coastal Development Sdn Bhd v. Constrajaya Sdn Bhd.
Legal Insights Issue 4/2008, December 2008 – "Pay when Paid"
Guidance as to the Malaysian position on "pay when paid" clauses.
Legal Insights Issue 3/2008, October 2008 – Banker's Duty vis-à-vis architect's certificates
A case commentary on Cheah Swee Fah v Bank Bumiputra Malaysia Bhd.
Legal Insights Issue 2/2008, June 2008 – All change for Completion procedures
Reviews the Certificate of Completion and Compliance System.
Legal Insights Issue 4/2006, December 2006 – Construction Industry Development board
An overview of the Construction Industry Development Board.
Legal Insights Issue 3/2006, September 2006 – Engineers Beware! Comply or Else….
Case commentary on Luxor Holdings Sdn Bhd v. Hainal-Konyi (M) Sdn Bhd [2006] 2 CLJ 856.
Corporate Litigation
Legal Insights Issue 04/2012, December 2012 – “In Law, All Roads Lead to the Interest of Justice”
A recent case of Irham Niaga Sdn Bhd & Irham Niaga Logistics Sdn Bhd v Tenaga Nasional Berhad where the courts exercised its discretion to lift the corporate veil.
Legal Insights Issue 03/2012, September 2012 – "Of Good Conscience and Commercial Sense"
This article reviews a landmark case on performance bonds namely Sumatec Engineering and Construction Sdn Bhd v Malaysian Refining Company Sdn Bhd [2012] 3 CLJ 401.
Legal Insights Issue 02/2012, June 2012 – "Trigger Point"
The Federal Court was called upon to determine a point of law under section 176 of the Companies Act 1965 in the case of Desa Samudra Sdn Bhd v Bandar Teknik Sdn Bhd & Ors [2012]1 MLJ 729.
Legal Insights Issue 02/2012, June 2012 – "Laying Down the Ground Rules"
The writer explains the Singapore Court of Appeal's decision of The Royal Bank of Scotland NV (formerly known as ABN Amro Bank) and others v TT International Ltd and another appeal [2012] SGCA 9.
Legal Insights Issue 01/2012, March 2012 – "Resolution of the Dire Conflict on the Part of Liquidators"
A commentary on the decision of the Federal Court in Ooi Woon Chee & Anor v Dato See Teow Chuan & Ors [2012] MLJU 9.
Legal Insights Issue 04/2011, December 2011 – "More Hats Than Heads?"
A commentary on the Court of Appeal's decision in the Pesaka Astana Saga- Mayban Trustees Berhad v CIMB Bank Berhad & Other Appeals – relating to an issue of Corporate Bonds.
Legal Insights Issue 04/2011, December 2011 – "The Raising of Lazarus"
A write-up on the High court's decision in Drico Ltd v Drico (Water Specialist) Sdn Bhd & Ors [2011] 1 LNS 488 – the first reported case in Malaysia on a company that was resurrected after it had been wound up.
Legal Insights Issue 04/2011, December 2011 – "Strike Three – You're Out!"
A commentary on the winding up case of Smartframe Sdn Bhd v Anjung Bahasa Sdn Bhd [2011] 4 CLJ 416.
Legal Insights Issue 4/2010, December 2010 – Is time Writ in Stone
Explains the High Court's interpretation of the time frame stipulated in Section 181B (2) of the Companies Act.
Legal Insights Issue 4/2010, December 2010 – Oppression of the Majority
The Federal Court decision in UEM Berhad vs Genesys Intergrated Engineers.
Legal Insights Issue 3/2010, September 2010 – Court Sets Higher threshold for Statutory Derivative Actions
Decision of the Court of Appeal in Celcom (Malaysia) Berhad v Mohd Shuaib Ishak.
Legal Insights Issue 1/2009, March 2009 – Director's right of Access to Company's Records
A commentary on Dato' Tan Kim Hor & 3 Others v Tan Chong Consolidated Sdn. Bhd.
Legal Insights Issue 4/2008, December 2008 – Mohd Shuaib Ishak v Celcom ( Malaysia ) Berhad
The first reported case in Malaysia on Section 181A of the Companies Act.
Legal Insights Issue 1/2004, March 2004 – Directors, Partners and Office Bearers To be Personally Liable for their organisations' failure in paying their Employees' EPF
Lembaga Kumpulan Wang Simpanan Pekerja v. Adorna RMIT Sdn Bhd & 9 Others [2003] 1 LNS 482.
Defamation
Legal Insights Issue 03/2012, September 2012 – "Is The Game Worth the Candle"
This article discusses a novel application of the principle of proportionality in defamation suits as in the case of Naza Kia Sdn Bhd v Eco Oto (M) Sdn Bhd & Anor.
Legal Insights Issue 4/2006, December 2006 – Liberalising Qualified privilege
Jameel and Ors. v Wall Street Journal Europe Sprl [2006] UKHL 44.
Legal Insights Issue 1/2006, March 2006 – A Fair and Accurate Report?
Federal Court rules on what constitutes a "fair and accurate" report of legal proceedings.
Legal Insights Issue 1/2004, March 2004 – How much to report? The danger associated with reporting Court proceedings in Media
Joceline Tan Poh Choo & Ors v Muthusamy [2003] 3 CLJ 705.
Employment & Industrial Relations
Legal Insights Issue 04/2012, December 2012 – “Going Separate Ways”
A recent decision of the Federal Court in Zainon bt Ahmad & 690 others v Padiberas Nasional Berhad on voluntary separation scheme.
Legal Insights Issue 01/2012, March 2012 – "Great Expectations"
A discussion of a landmark decision on gender discrimination in Malaysia.
Legal Insights Issue 3/2010, September 2010 – Dealing with Sexual Harassment in the Workplace
Discusses the impending ground breaking amendments to the Employment Act.
Getting the Deal Through – Labour & Employment 2009
This chapter first appeared in "Getting the Deal Through –Labour & Employment 2009", published by Law Business Research Ltd.
Legal Insights Issue 2/2008, June 2008 – Amendments to the Industrial Relations Act 1967
Outlines some of the recent amendments to the Industrial Relations Act 1967.
Legal Insights Issue 2/2006, June 2006 – The worth of unjust dismissal
Commentary on the quantum available for unjust dismissal in light of two diametrically opposite High Court decisions.
Legal Insights Issue 1/2004, March 2004 – Work Till you drop
Discussion on the retirement age issue in employment contracts.
Environment
Legal Insights Issue 4/2009, December 2009 – The Battle against Global Warming
The role of the Kyoto Protocol.
Family Law
Legal Insights Issue 03/2011, September 2011 – "Rights of Biological Parents vs Adoptive Parents"
A commentary on the decision of the Federal Court in Sean O'Casey Patterson v Chan Hoong Poh & Ors [2011] 3 CLJ 722.
Legal Insights Issue 4/2010, December 2010 - UK Supreme Court upholds pre nuptial agreement
A commentary on Radmacher (formerly Granatino) v Granatino.
Legal Insights Issue 1/2008, March 2008 – Pre nuptial Agreements
The validity of pre nuptial agreements in Malaysia.
Insurance
Legal Insights Issue 1/2007, April 2007 – Mysteries of Takaful Revealed – Part 2
Highlights the salient features of family takaful.
Legal Insights Issue 4/2006, December 2006 – Mysteries of Takaful Revealed – Part 1
Explains the basic fundamentals and the framework of a Takaful contract.
Legal Insights Issue 1/2006, March 2006 – The federal court reaffirms the Law of Limitation for actions founded on contract
The Great Eastern Life Assurance Co. Ltd. V. Indra Janardhana Menon [2005] 4 CLJ 717.
Intellectual Property
Legal Insights Issue 3 2009, September – No Chequered Flag Without Use
The recent decision of the Federal Court in McLaren International Limited v Lim Yat Meen.
Legal Insights Issue 1/2009, March 2009 – Disputes over Malaysian Registered Domain Names
Dispute resolution process for Malaysian registered domain names.
Legal Insights Issue 4/2008, December 2008 – Intellectual Property Theft
The major copyright violation cases discussed.
Legal Insights Issue 4/2006, December 2006 – Hard Stance On Software Infringement
SAP (M) Sdn Bhd & Anor v I World HRM Net Sdn Bhd & Anor [2006] 2 MLJ 678.
Legal Insights Issue 1/2004,March 2004 – It's A Raid!
What to do when your company is raided under an Anton Piller or Search Order.
Islamic Finance / Banking
Legal Insights Issue 3/2010, September 2010 – Mandatory Rebate upon Early termination of BBA Contracts
A case commentary on Bank Islam M'sia v Azhar Osman & Other cases [ 2010 ] 5 CLJ 54.
Legal Insights Issue 1/2010, March 2010 – Musharakah Mutanaqqisah – Another Debt Financing Product
Islamic financial institutions in Malaysia have introduced the Musharakah Mutanaqqisah contract for home ownership.
Legal Insights Issue 4/2009, December 2009 – Court of Appeal upholds Validity of BBA Contracts
A case commentary on Bank Islam Malaysia Berhad v Lim Kok Hoe and Other Appeals [2009].
Legal Insights Issue 3/2009, September 2009 – Banking without Interest – Challenges ahead
Explores the challenges for the Islamic finance industry.
Legal Insights Issue 2/2009, June 2009 – Islamic Finance Contracts & Products
An overview of Islamic Finance products.
Legal Insights Issue 3/2008, October 2008 – Are BBA Agreements Valid?
Two recent decisions that discusses the pre-requisites of a valid BBA agreement.
Legal Insights Issue 2/2007, July 2007 – The secrets of "Al Bai Bithaman Ajil " Revealed
Ever wondered how BBA scheme works?.
Medical Negligence
Legal Insights Issue 1/2007, April 2007 – Doctor Knows Best? Perhaps Not, says Federal court
The impact of the Federal Court's decision in Foo Fio Na v Dr. Soo Fook Mun & Anor.
Public Law
Legal Insights Issue 01/2012, March 2012 – "Hands Off The Royal Commission!"
A commentary on the decision of the Federal Court in Members of the Royal Commission of Enquiry v Tun Dato' Seri Ahmad Fairuz bin Dato' Sheikh Abdul Halim [2011] 6 MLJ 490.
Real Estate
Legal Insights Issue 1/2010, March 2010 – Relief for the "Distressed Landlord"
An antidote against errant tenants.
Legal Insights Issue 2/2010, June 2010 – Does Section 433B of the National Land Code apply to a Constructive Trust?
Takako Sakao v Ng Pek Yuen & Anor [2010] 1 CLJ 381 the Federal Court.
Legal Insights Issue 1/2010, March 2010 – Better Late than Never
Commentary on Tan Ying Hong v Tan Sian San & Ors [2010] 2 CLJ 269.
Legal Insights Issue 3/2008, October 2008 – Can A Court Amend An agreement?
Examines the High Court's decision in Alexander John Shek Kwok Bun v Rich Avenue Sdn Bhd & Anor.
Legal Insights Issue 1/2006, March 2006 – Vacation Home or Nightmare in disguise?
Case note on Tan Tien Seng & Chua Ah Hooi v. Grobina Sdn Bhd [2005] 7 CLJ 70 on the limits imposed on developers' rights to make unilateral changes.
Revenue Law
Legal Insights Issue 04/2012, December 2012 – “Putting A Value to It”
The writer explains the recent decision of the Federal Court on Stamp Duty, Pemungut Duti Setem, Pulau Pinang v Malaysia Smelting Corporation Berhad [2012] 5 CLJ 273.
Legal Insights Issue 01/2012, March 2012 – "A Tale of Two Tax Cases"
This article examines two recent cases on the deductibility of sales incentives, NV Alliance Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri [2012] 1 MLJ 441 and Ketua Pengarah Hasil Dalam Negeri v Khind- Mistral (Borneo) Sdn Bhd and another appeal [Tax Appeal: KCH – 14-2-2011] ("Khind Case").
Securities & Shares
Legal Insights Issue 02/2011, June 2011 – The SKW-Bursa Saga: The Never Ending Story
"Syarikat Kayu Wangi Berhad v Bursa Malaysia Securities Berhad & Securities Commission"-this case provides guidance on the approach which the court will take when it is called upon to review enforcement proceedings taken by Bursa.
Legal Insights Issue 03/2011, September 2011 – "Court Assistance in Enforcement of Administrative Decisions"
A commentary on Bursa Malaysia Securities Berhad v Tengku Dato' Kamal Ibni Sultan Sir Abu Bakar & 3 Others, a case which examines Section 360 of the Capital Markets and Services Act, 2007.
Legal Insights Issue 2/2007, July 2007 – Returning the Moolah
The High Court decision in Securities Commission v Omega Holdings Bhd & Ors [2007] 2 CLJ 747.
Legal Insights Issue 3/2006, September 2006 – The Untrustworthy Trustee
Case commentary on Hasmah Abdul Rahman v. Kenny Chua Kien Lam [2006] 5 MLJ 236.
Statutory Interpretation
Legal Insights Issue 04/2011, December 2011–"How much should the Estate Get?"
A commentary on Lembaga Kumpulan Wang Simpanan Pekerja v Ong Lian Chee- a Federal Court decision. An interpretation of the sections 54(1)(a) and 58(1) and the Fifth Schedule, of the Employees Provident Fund Act 1991.
