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News & Analysis

Malaysia: Acceptance of evidence obtained through social media platform

08 April 2021 by Shearn Delamore & Co - Malaysia

In the recent Industrial Court Award of Azffanizam bin Abd v Prince Court Medical Centre Sdn Bhd [Award No.11 of 2021] dated 4 January 2021, the Industrial Court accepted evidence taken from social media in dismissing a claim of forced resignation.

News & Analysis

Malaysia: Kuantan Port Consortium Sdn Bhd v MT HE XIE HAO v Chem-Specialties Sdn Bhd (Suit No. WA-27NCC-77-10/2019)

08 April 2021 by Shearn Delamore & Co - Malaysia

In an admiralty action, can an intervener, not being the proper defendant, apply to set aside a warrant of arrest of a vessel on non-traditional grounds.

News & Analysis

Malaysia: Importance of Getting Your Employees to Acknowledge Receipt of Any Notice on Changes to the Company’s Policies

01 April 2021 by Shearn Delamore & Co

It is inevitable that throughout the operations of businesses, policies and rules within the established businesses would go through changes, either to implement a change in the applicable laws and regulations, or to improve the company’s internal policies in order to enhance its operations.

News & Analysis

Malaysia: Covid-19: Further Relief for Contractual Parties through an Extension of Part II of the Covid-19 Act

23 October 2020 by Shearn Delamore & Co; Denise Choo, Associate

On 23 October 2020, the Malaysian government gazetted the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid19) Act 2020 (“Covid-19 Act”). This Act, as evident from its name, is meant to provide temporary measures to ease the impact of Covid19 on various sectors and industries in Malaysia.

News & Analysis

SEC Adopts the ASEAN Sustainable and Responsible Fund Standards and Establishes Rules on Recognition of Foreign Collective Investment Schemes

20 June 2023 by SyCip Salazar Hernandez & Gatmaitan

On April 13, 2023, the Securities and Exchange Commission ("SEC") issued Memorandum Circular No. 4, Series of 2023 ("MC 4-23") to adopt the ASEAN Sustainable and Responsible Fund Standards ("ASEAN SRFS") and establish rules on the qualifications of local investment companies

News & Analysis

Integration of decentralised blockchain (off-chain) arbitration

14 October 2022 by Dominic Ng Ken Ming

In an era of accelerating developments in the domain of Web3, smart contracts and blockchain are concepts that are increasingly familiar. Likewise, heralds for the digitalisation of traditional and classic dispute resolution mechanisms have never been louder. To properly decipher and ensure smooth digital adoption, it is of paramount importance for practitioners, to appreciate and understand the local legislative mechanisms in order to ensure the enforceability of awards arising from such digitalised dispute resolution mechanisms. This article highlights, solely, from a Malaysian legal perspective, how decentralised arbitration platforms can potentially be integrated with existing domestic legal frameworks.

News & Analysis

Employment (Amendment of First Schedule) Order 2022

16 August 2022 by Shearn Delamore & Co - Sivabalah Nadarajah, Benedict Ngoh Ti Tang

On 12 August 2022, the much-anticipated Employment (Amendment of First Schedule) Order 20221 (“2022 Order”) was gazetted and it will come into force with effect from 1 September 2022.

News & Analysis

Sheriff’s Expenses — The Requirement to Obtain Prior Sanction of the Court or the Sheriff

04 August 2022 by Shearn Delamore & Co - Rajasingam Gothandapani, Lynnette Tan Hui Ling

A case note by Rajasingam Gothandapani and Lynnette Tan Hui Ling.

News & Analysis

Opposition Proceedings under the Patents (Amendment) Act 2022

11 July 2022 by Shearn Delamore & Co

In this article, Pravind Chandra looks at the new section 55A of the Patents (Amendment) Act 2022.

News & Analysis

Re Scomi Group Bhd: Judicial Management Not Available for Public Listed Companies?

23 June 2022 by Shearn Delamore & Co

In this article, Douglas Goh Peng Fong discusses whether a public listed company can apply for a judicial management order under Subdivision 2 of Division 8 (Corporate Rescue Mechanism) of Part III of the Companies Act 2016 (“CA”).