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Federal Court decision changes adjudication practice in Malaysia
SKRINE
  • Construction
  • Malaysia
  • December 18 2017

The Federal Court recently dealt with three broad issues under the Construction Industry Payment and Adjudication Act – namely, jurisdictional challenge, the exclusion of defences and the setting aside and staying of decisions. The decision has broad repercussions for the way that adjudications are conducted in Malaysia.

Development of statutory adjudication
SKRINE
  • Construction
  • Malaysia
  • June 26 2017

The Construction Industry Payment and Adjudication Act 2012 came into effect on April 15 2014. Since then, the Malaysian courts have had the opportunity to consider various aspects of the act on numerous occasions. Some significant decisions have been handed down by the courts in the past two-and-a-half years and although statutory adjudication in Malaysia is still in its infancy, it is evident that a body of local decisions is steadily being built up to assist in the interpretation of the act.

New act provides for greater regulation of shareholdings
  • Corporate Finance/M&A
  • Malaysia
  • March 05 2014

The new Financial Services Act is the culmination of the government's efforts to modernise and harmonise the laws that govern the financial services sector in Malaysia. While the principal regulatory objectives of the new act are to promote financial stability and protect the rights and interests of consumers of financial services and products, the act also offers more extensive regulation on the shareholding of licensed persons.

Overview (February 2013)
  • Corporate Finance/M&A
  • Malaysia
  • February 27 2013

Including: Regulatory framework; Application of Takeover Code; Types of offer; Persons acting in concert; Takeover process; Terms; Consideration; Timing; Announcements; Disclosure of dealings; Post-bid matters; Other noteworthy matters.

And two (or more) shall become one
  • Corporate Finance/M&A
  • Malaysia
  • August 15 2012

As mergers and acquisitions are a daily occurrence in the Malaysian corporate sector, it is proposed that the government introduce a statutory framework for amalgamations in the forthcoming amendments to the Companies Act. Two forms of amalgamation procedure are offered that are free from judicial oversight: short-form amalgamation and long-form amalgamation.

Tightening up the law: key amendments take effect
  • Capital Markets
  • Malaysia
  • May 08 2012

The Capital Markets and Services (Amendment) Act 2011 recently became law. The amended act streamlines certain administrative procedures in the act and confers greater regulatory powers on the Securities Commission. It also introduces new provisions on systemic risks and private retirement schemes.

Convening general meetings: forcing suffrage to end suffering
  • Company & Commercial
  • Malaysia
  • June 06 2011

In Malaysia, the power to convene an extraordinary general meeting (EGM) ordinarily rests with the company directors. The members themselves do not have a common law right to compel the directors to convene an EGM. However, Sections 144, 145 and 150 of the Companies Act 1965 provide mechanisms for members to convene an EGM, to express their views about the management of the company.

The Takeover Code 2010
  • Corporate Finance/M&A
  • Malaysia
  • May 25 2011

The new Code on Takeovers and Mergers 2010 recently came into force, replacing the Code on Takeovers and Mergers 1998. At the same time, pursuant to Section 377 of the Capital Markets and Services Act 2007, the Securities Commission issued practice notes on the new code and Guidelines on Contents of Applications relating to Takeovers and Mergers. The new code introduces a number of salient changes.

Recovering Pure Economic Loss in Negligence
SKRINE
  • Construction
  • Malaysia
  • October 09 2006

Recovering pure economic loss in negligence is a difficult and complex area of law, and developing this area in Malaysia has been a prolonged and sometimes difficult process. In recent years the courts have delivered a series of judgments in construction cases indicating the approach to be taken.

Holiday Home or Nightmare in Disguise: Unilateral Changes by Developers
SKRINE
  • Construction
  • Malaysia
  • May 02 2006

The recent decision in Tan Tien Seng v Grobina Sdn Bhd is significant for both property purchasers and developers, as it limits the circumstances in which a developer may make changes to or deviations from building plans without the purchaser's consent.

Drafting Construction Contracts
SKRINE
  • Construction
  • Malaysia
  • March 27 2006

Standard form contracts are often used to in order to save time and money instead of drafting a fresh construction contract for each new project. Familiarity with the available standard forms and types of construction contract enables prudent employers to ensure that they achieve the appropriate contractual framework for the physical execution of their needs.

Mutual Termination Agreements: How Mutual Are They?
SKRINE
  • Construction
  • Malaysia
  • November 08 2004

In Pernas Construction Sdn Bhd v Syarikat Rasabina Sdn Bhd a majority of the Malaysian Court of Appeal upheld the decision of the Kuala Lumpur High Court. The majority found that the plaintiff was forced or coerced into signing the mutual termination agreement despite the absence of any contention to that effect in the pleadings or evidence before the High Court.

Performance Bond Injunction Application Derailed
SKRINE
  • Construction
  • Malaysia
  • May 24 2004

In Ekovest-KMZ-Dragages Sdn Bhd v HSBC Bank Malaysia the Kuala Lumpur High Court considered an application for an interim injunction to restrain payment under a performance bond where the beneficiary had yet to make any demand under the bond.

WIPO Evicts Cybersquatter
  • E-commerce
  • Malaysia
  • February 15 2001

In the first Malaysian case to deal with cybersquatting, a World Intellectual Property Organization panel transferred a registered domain name to a law firm. The issues of verifying a registrant's information and the incidence of bad faith are considered.

SKRINE
SKRINE
Contributing office
Sheba Gumis
SKRINE
  • Kuala Lumpur
  • Malaysia
Lee Shih
SKRINE
  • Kuala Lumpur
  • Malaysia
Shannon Rajan
SKRINE
  • Kuala Lumpur
  • Malaysia
Rachel Ng
SKRINE
  • Kuala Lumpur
  • Malaysia
Vijay Raj
SKRINE
  • Kuala Lumpur
  • Malaysia