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Shearn Delamore & Co

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Damages under marine cargo all-risk insurance policy

Malaysia - April 19 2017 A court recently considered an insurance claim under a marine cargo all-risk insurance policy for damages to a ship unloader crane that had occurred while it was being unloaded onto a barge at West Port, Port Klang

Legal professional privilege and director general of inland revenue's powers

Malaysia - May 11 2018 Members of the Malaysian Bar recently complained that Inland Revenue Board officers had carried out raids on them in order to audit their clients'

Malaysian courts continue to give effect to arbitration agreements

Malaysia - January 12 2017 A high court recently granted an order approving the defendant's application to stay the court proceedings and have the dispute referred to

Court of Appeal determines that negative declaratory arbitration awards are enforceable

Malaysia - May 23 2019 A recent Court of Appeal case addressed whether a negative declaratory arbitration award is enforceable. The decision emphasises the narrow grounds

Court rules on threshold to set aside arbitral award that conflicts with public policy

Malaysia - January 17 2019 The Federal Court recently clarified the high threshold required for an arbitral award to be set aside on grounds of public policy pursuant to Section

Court of Appeal determines that negative declaratory arbitration awards are enforceable

Malaysia - May 23 2019 A recent Court of Appeal case addressed whether a negative declaratory arbitration award is enforceable. The decision emphasises the narrow grounds

Do databases constitute 'plant' and qualify for capital allowances?

Malaysia - May 10 2019 In a recent case before the High Court, CIMB Bank Bhd had written to the director general of inland revenue (DGIR) to seek his confirmation on whether

Foreign ships repairing undersea cables now exempt from cabotage policy

Malaysia - May 8 2019 The government has decided to exempt from its cabotage policy foreign vessels repairing undersea cables at any cable landing station in Malaysian

Court clarifies test applicable to applications to restrain arbitration proceedings by non-parties

Malaysia - April 4 2019 In a recent Court of Appeal case, the plaintiff sought an injunction to restrain arbitration proceedings between the second, third and fourth

Post-Budget 2019 - major amendments to Labuan Business Activity Tax Act

Malaysia - January 25 2019 In Malaysia, the Income Tax Act 1967 governs the imposition of income tax. However, in 1990 a separate tax act, the Labuan Business Activity Tax Act