MALAYSIAN HIGH COURT IMPLIES ADDITIONAL DUTIES FOR EXPERTS

For the first time, the Malaysian High Court has found that party-appointed experts owe implied duties to the court.  It is well-established that expert witnesses owe a duty to assist courts and arbitrators, but this is typically understood as requiring experts to provide their evidence independently and impartially.  The Court’s decision in Linsun Engineering Sdn … Read more

BEYOND STATUTORY ENFORCEMENT: MALAYSIA’S APEX COURT DISMISSES A COMMON LAW ACTION FOR ENFORCEMENT OF FOREIGN JUDGMENT DUE TO FAILURE TO ADDUCE THE FOREIGN JUDGMENT

There is a simple, but fundamental, difference between a statutory enforcement under Reciprocal Enforcement of Judgments Act 1958 (“REJA”) and a common law action.  REJA covers cases where a judgment creditor wants to enforce a decision from a jurisdiction which enforces Malaysian court judgments (the so called ‘reciprocity’).  When REJA applies, the foreign judgment can … Read more

Malaysia: Directors beware – indemnity in a company’s constitution is not foolproof

The constitution (formerly known as articles of association) of companies in Malaysia generally contains an indemnity provision in favour of directors, indemnifying them against liabilities (for example, associated legal fees and financial costs) incurred by the directors in defending legal suits by third parties where judgement has been given in their favour in respect of … Read more

Future of Consumer APAC: Climate change and ESG litigation trends in the consumer sector

Mark Smyth (Partner, Sydney) and Jojo Fan (Partner, Hong Kong) discuss the rapidly increasing developments in climate change and ESG litigation globally including greenwashing, inadequate disclosure and challenges for manufacturing and governments. They share their insights on what the future of climate litigation may hold for the consumer sector. Watch Listen About the Future of … Read more

Launch of our new Malaysia Notes Blog

Herbert Smith Freehills has launched a new Malaysia blog, which you can find at https://hsfnotes.com/malaysia/ or via the “More blogs” link above. “Malaysia Notes” is where you’ll find news on the latest legal developments in Malaysia. You can subscribe to the blog by entering your e-mail address on the site in order to receive updates by … Read more

LATEST EDITION OF ASIA PACIFIC DISPUTE RESOLUTION GUIDE NOW AVAILABLE

Disruption, downturn and recovery tend to generate more disputes – and in Asia Pacific cross-jurisdiction operations and investments increase that risk. Our 2021 Guide to Dispute Resolution in Asia Pacific is your roadmap to potential problems in these fast-changing times, especially for those new to the region’s complex legal landscape. From the basics of each … Read more