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Court Process for Debt Recovery
16 Aug 2021 | Debt Recovery

Not getting paid is an unavoidable problem faced by any business operating on credit terms. It is not uncommon to get legal assistance to recover some of these debts. Here’s...

AIAC Arbitration Rules 2021
13 Aug 2021 | Dispute Resolution

The AIAC Arbitration Rules 2021 (“the 2021 Rules”) was launched on 1 August 2021 and is a response to the recent trends in arbitration to promote transparency, and time and...

Case Spotlight: The Significance of Conduct & Control...
09 Aug 2021 | Employment Law

How Do You Tell If Someone is an Employee? The Industrial Court in the recent case of Bu Yoon Lian v Meng Sin Corner (Award No. 1183 of 2021) reiterated...

Securities Commission’s Ban of Binance in Malaysia: Why...
06 Aug 2021 | Corporate

On 30th July 2021, the Securities Commission Malaysia (SC) announced enforcement actions against Binance, because Binance had illegally operated a digital asset exchange (DAX) in Malaysia[1]. Binance is a hugely popular...

Jurisdiction of Court in Arbitration Matters
03 Aug 2021 | Dispute Resolution

High Court Has No Jurisdiction to Grant Declaratory Relief in Respect of Final Arbitration Award A recent judgment was handed down by the High Court in Danieli & C Officine...

Case Spotlight: Is Absolute Discretion Absolute?
26 Jul 2021 | Employment Law

Many things are said to be at the discretion of an employer. It is common to see phrases like “the Company shall, at its absolute discretion, be entitled to….” in...

5 Things to Look Out for when Signing...
21 Jul 2021 | Media & Entertainment Law

Digital marketing has since taken over the internet via social media. Companies are moving away from traditional marketing and would instead prioritize engagements with Key Opinion Leaders (“KOL”) and influencers...

High Court Rules that Grab Drivers are Not...
13 Jul 2021 | Employment Law

On 9 July 2021, the High Court ruled that a Grab (e-hailing) driver is not an employee. A Grab driver may not claim unfair dismissal if they are removed from...

No requirement for employee to plead reinstatement in...
06 Jul 2021 | Employment Law

The Court of Appeal in Sanbos (Malaysia) Sdn Bhd v Gan Soon Huat [2021] MLJU 498 recently held that the Industrial Court still has jurisdiction to determine a complaint of...

Case Spotlight: Limited Applicability of the Covid-19 Act
22 Jun 2021 | Dispute Resolution

The Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 (“Covid-19 Act”) was given royal assent and published in October 2020.  It was intended to provide...

The Serial Claimant
18 Jun 2021 | Employment Law

In 2018, we wrote about an employee who had 14 unfair dismissal claims filed against his former employers.  The employee’s litigious conduct inspired the Industrial Court to remind employers to...

Case Spotlight: Employer Ordered to Pay Pro-Rated Bonus...
15 Jun 2021 | Employment Law

The COVID-19 outbreak has seen many businesses shuttered, as employers and employees continue to suffer the economic impact of the pandemic. In one of the first few decisions relating to...