The lockdown procedures put in place as a response to the covid-19 pandemic created a need for courts globally to switch to an online forum. Malaysia has had the capabilities to do so pre-pandemic but some legal officials were reticent. Has this been the incentive needed to make virtual justice a commonplace staple? The courts were once reluctant to determine that a contract had been frustrated or that a force majeure event had occurred, but judges have had to evolve this attitude to reflect the current situation, and change the way that they read contracts. The mindset going into a litigation process and a realistic expectation of the potential results thereof are vital.
In the video below, Gan Khong Aik, Foo Joon Liang and Bahari Yeow Tien Hong discuss how the courts adapted to the covid-19 pandemic and what the recent litigation trends in Malaysia have been and may be for the remainder of 2021. They also offer guidance to litigants about how to avoid common pitfalls in the process.
For further information on this topic please contact Gan Khong Aik, Foo Joon Liang or Bahari Yeow Tien Hong at Gan Partnership by telephone (+603 7931 7060) or email ([email protected], [email protected] or [email protected]). The Gan Partnership website can be accessed at www.ganlaw.my.