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News & Analysis

Malaysia: Covid-19 Vaccine — Can employers compel their employees to be vaccinated?

06 August 2021 by Raymond TC Low, Benedict Ngoh; Shearn Delamore & Co

Covid-19 has disrupted our lives and businesses at many unprecedented levels never seen before in the history of mankind.

News & Analysis

Malaysia: Impact of the Covid-19 Pandemic on Collective Agreements

06 August 2021 by Sivabalah Nadarajah, Raymond TC Low, Grace Chai Huey Yann; Shearn Delamore & Co

The Industrial Court in Malaysia is an important institution that is established under the Industrial Relations Act 1967 to hear and decide on disputes in relation to the terms and conditions of employment in a collective agreement.

News & Analysis

Malaysia: Time and Costs Issues in The Construction Industry Arising from The Movement Control Order

06 August 2021 by Shearn Delamore & Co

In view of the COVID-19, the Malaysian government implemented the Movement Control Order (“MCO”) effective throughout Malaysia from 18 March 2020 to 31 March 20201.

News & Analysis

Malaysia: What constitute good reasons for an order to sell a vessel pendente lite?

16 June 2021 by Rajasingam Gothandapani, Shearn Delamore & Co

This article examines the basis for an order for a sale pendente lite of a vessel that was arrested by a sheriff in in rem admiralty proceedings as security for the plaintiff's claim.

News & Analysis

Malaysia: Summary Judgment in a Gaming Credit Facility Dispute — Star Cruise Services Limited v Chen Teng Fah (2021)

14 June 2021 by Shearn Delamore & Co

In the recent Court of Appeal case of Star Cruise Services Limited v Chen Teng Fah (unreported), Star Cruise succeeded in obtaining summary judgment against a patron to recover a debt pursuant to a gaming credit facility. There have todate been no reported Court of Appeal decisions in respect of the grant of summary judgment on a “gaming” debt matter.

News & Analysis

Malaysia: Demarcating the Bank’s Duty In Investment Scams

21 April 2021 by Shearn Delamore & Co, Yee Mei Ken, Mattheus Goon Kin Zhi

Scams are common these days. Hence, the regulatory bodies, financial institutions and news media often warn the public to exercise due diligence before making any investments with promises of high-profit returns.

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.