Housing Developers Beware – Federal Court Upholds Faber Union
Housing Developers Beware – Federal Court Upholds Faber Union
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Understanding the Proclamation of Emergency in Malaysia
On 11 January 2021, the Yang di-Pertuan Agong declared a nationwide state of emergency that will be enforced until 1 August 2021 (“Proclamation of Emergency”). To understand the effect of such proclamation, it is necessary to take a glimpse into the foundation of the Federal Constitution (“FC”).
Patents (Waiver of Fee) Regulations 2020
In support of the government measures for reducing the impact of Coronavirus Disease, the Minister of Domestic Trade and Consumer Affairs, Dato Sri Alexander Nanta Linggi has enacted the Trademarks (Waiver and Modification of Fee) Regulations 2020.
Trademarks (Waiver and Modification of Fee) Regulations 2020
In support of the government measures for reducing the impact of Coronavirus Disease, the Minister of Domestic Trade and Consumer Affairs, Dato Sri Alexander Nanta Linggi has enacted the Trademarks (Waiver and Modification of Fee) Regulations 2020.
Oppression vs Derivative Actions: The Court’s Wide Discretion Maintained
Section 346 of the Companies Act 2016 (“CA 2016”) provides wide powers to the Court to grant remedies as it deems necessary to bring an end to the matters complained of in an oppression action. In Lee Kai Wuen v Lee Yee Wuen, the Federal Court refused leave…
New Procedure to Challenge an Industrial Court Award: Does it matter?
Effective 1 January 2021, some amendments(1) to the Industrial Relations Act 1967 (“IRA”) will come into force. The amendments, among others, introduce a new section 33C to provide for an appeal against an Industrial Court award to the High Court. In this article, we...
The Right to Sue a Consultant – Who does it lie with?
Every construction project has at least one consultant appointed by a developer, also known as the employer of the project (“Employer”). While the types of consultants and their respective roles may differ from project to project, a consultant’s roles generally...
The Malaysian Budget 2021: Key Measures for SMEs, MSMEs and Entrepreneurs
A continuity from the economic stimulus packages, the Malaysian Budget 2021 is an expansionary budget worth of RM322.5 billion, the largest expenditure in the Malaysian history. Aiming to improve Malaysians’ welfare and rebuilding the Malaysia economy after an unprecedented pandemic, the Budget 2021 focus on three integrals goals, namely, Malaysians’ wellbeing, business continuity, and economic resilience.
Directorship of the Former Director of the Asian International Arbitration Centre (AIAC) is non-justiciable
Directorship of the Former Director of the Asian International Arbitration Centre (AIAC) is non-justiciable
Competing claims in curial and arbitral proceedings: recent anti-arbitration injunction developments
Are the Malaysian courts adopting a minimalist judicial intervention approach in considering anti-arbitration injunctions? This article discusses the recent Federal Court decision of Jaya Sudhir a/l Jayaram v Nautical Supreme Sdn Bhd and two recent high court decisions that made reference thereto.