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Gan Partnership | Malaysia | 28 Sep 2021

Having your day in court: litigation trends in Malaysia

In this interview, 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.
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Shearn Delamore & Co | Malaysia | 28 Sep 2021

Financial services update: qard, agent banking and legislative amendments

This article covers various recent updates in the financial services sector. These include the Shariah Advisory Council's ruling relating to qard, the issuance of an exposure draft aiming to enhance the role and effectiveness of agent banks, and amendments to the Guidelines on Sustainable and Responsible Investment Funds, the Capital Markets and Services Regulations 2012 and the Capital......
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Shearn Delamore & Co | Malaysia | 21 Sep 2021

Transition from Libor

In 2017, the UK Financial Conduct Authority announced that it would no longer be necessary to persuade or compel banks to submit the rates required to calculate the London interbank offered rate (Libor) after 31 December 2021. This article discusses the implications of the cessation of Libor and looks at what it might mean for entities in Malaysia.
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Gan Partnership | Malaysia | 21 Sep 2021

Adjudicator is biased for unreasonable deadlines and failing to consider MCO restrictions

An adjudicator has wide discretionary powers under the Construction Industry Payment and Adjudication Act 2012. However, can such powers disregard or bypass the restrictions provided for in the Movement Control Order (MCO)? In a recent case, the high court held that there was actual bias by the adjudicator for failure to give effect to the MCO. The decision serves as a reminder that care must......
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Shearn Delamore & Co | Malaysia | 14 Sep 2021

Now you see me, now you don't: what can be done if a bank fraudster's identity is unknown?

In the age of the Internet and technology, banking scams and fraud abound. Where such bank fraud is committed, it is often the case that the fraudster disappears and their identity remains unknown. How courts grant relief where the identity of the perpetrator of a bank fraud is unknown was addressed in two Malaysian court decisions in 2021. It is hoped that the principles set down in these......
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Gan Partnership | Malaysia | 14 Sep 2021

Covid-19 act: inability to perform contractual obligations is tested in courts

Part II of the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 offers relief to contracting parties that cannot perform contractual obligations. However, there are many uncertainties in the legal and business sectors regarding the precise scope of its operation. The cases discussed in this article show that the courts have generally been vigilant in......
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SKRINE | Malaysia | 8 Sep 2021

Regulators urged to prohibit surcharges for seats next to minors and persons with disabilities or reduced mobility

The Malaysian Aviation Consumer Protection Code 2016 (the code) regulates airline service standards and consumer protection in Malaysia. However, the current provisions of the code do not impose a mandatory requirement on airlines to ensure that parents or people who are accompanying children or people with disabilities are able to sit next to or close to them during air travel. The Malaysian......
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Gan Partnership | Malaysia | 7 Sep 2021

Winding-up petition based on adjudication decision under CIPAA – Court of Appeal reaffirms Likas Bay

The Court of Appeal recently affirmed the position that where a party has obtained an adjudication decision in its favour, that party may seek to bring a winding-up petition premised on that adjudication decision. This is in line with the fundamental principle that a winding-up petition need not be based on a judgment of court, and it is clear now that winding-up proceedings remain an option......
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SKRINE | Malaysia | 23 Aug 2021

Future of cross-border electricity trade in Malaysia

Following the announcement of the Laos-Thailand-Malaysia-Singapore Power Integration Project, the Energy Commission published the Guide for Cross-Border Electricity Power Sales, which sets out the framework for cross-border electricity sales between Peninsular Malaysia and either Singapore or Thailand. This article examines the main aspects of the framework for cross-border electricity sales,......
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SKRINE | Malaysia | 18 Aug 2021

Merger control within Malaysia's aviation industry

Given the unprecedented circumstances brought about by the covid-19 pandemic, cooperation between airlines is warranted now more than ever before. The Malaysian Aviation Commission has reminded the industry that the relevant merger control provisions must be adhered to and has stressed that the immediate relief provided by mergers must be "balanced against any risks to the long-term health......
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