Legal Updates

Exclusive Jurisdiction Clause – A Rose by any other name… An exclusive jurisdiction clause sets out the parties’ agreement to submit their disputes to a particular forum or jurisdiction. This provides certainty to the parties as to the forum/jurisdiction in which their disputes may be determined, particularly where the parties are based in different jurisdictions. […]

What happens if a High Court recognises an arbitral award while another High Court sets aside the same arbitral award at the same time? This was the predicament before the Federal Court in Masenang Sdn Bhd v. Sabanilam Enterprise Sdn Bhd.[1] On 3.9.2021, the Federal Court rendered a unanimous decision in finding that even for […]

12 July 2021 The Malaysia Competition Commission’s Market Review for Selected Transportation Sectors in Malaysia: What to Expect and How it would Change the Transportation Sectors’ Way of Doing Business? On 24 June 2021, the Malaysia Competition Commission (“MyCC”) held its first public consultation session for the members of the public on the findings of […]

16 June 2021 Malaysia’s Movement Control Order 3.0 – Total Lockdown Proceedings before the Intellectual Property Corporation of Malaysia (“MyIPO”) and Proceedings before the Courts The Malaysian Government implemented a total lockdown from 1st June 2021 to 14th June 2021, and has since extended the lockdown to 28th June 2021, in an effort to control […]

It is common for us to now hear companies chanting the “ESG” mantra. But what is ESG? ESG essentially comprises the following: [E] for Environmental; [S] for Social; and [G] for Governance. Most, if not all, companies are very much familiar with the [G] component. This is particularly when laws and regulations have been passed […]

Amendments to the Industrial Relations Act 1967 The Industrial Relations (Amendment) Act 2020 (“IRA 2020”) introduced several major changes to the Industrial Relations Act 1967 (“the Act”). The main changes with regard to the Act, which came into effect on 1 January 2021, may be summarized as follows.   Referral of Dismissal Cases To The […]

Five long service employees filed their section 20 representations at the Industrial Court claiming that their retrenchment by their employer was mala fide. On 16.11.2020, the Industrial Court determined that the retrenchment was carried out in good faith after considering various factors put forth by the Company, including its financial standing, sales performance at the […]

Having an exclusive dealing is quite common in today’s commercial transactions. This may be done by incorporating an exclusivity clause in commercial agreements. An exclusive dealing occurs when an enterprise enters into an agreement with another to limit the latter from dealing with the first enterprise’s competitors. Whilst having an exclusive dealing may, to an […]

In view of the commercial difficulties and hardships many have had to face since the outbreak of the Covid-19 pandemic, the Malaysian government has introduced new regulations which provide for the waiver and / or modification of filing fees for trademarks and patents to provide some relief to those who are in need of financial […]

On 19.8.2020, the Federal Court heard seven applications filed by various parties, to review decisions handed down by the Federal Court and reserved decision on the same. [We had on 28.8.2020 issued a summary of the hearing as a legal update]. These review applications concerned a common contention, ie., that the Federal Court decisions granted […]