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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
The Malaysian High Court has reconfirmed that if the same interim relief can be granted by an arbitral tribunal and the courts, a party should first apply to the tribunal. The decision in Malaysia Resources Corporation Bhd v Desaru Peace Holdings Club Sdn Bhd [2022] MLJU 3355 is significant for arbitrations with a Malaysian nexus as parties should prioritise tribunal-ordered interim relief in their case strategy where possible. Read more
2022 is a milestone year for data privacy and cyber security laws developments across Southeast Asia. We set out the key changes as follows: The new Personal Data Protection Law in Indonesia became effective on 17 October 2022. Multiple data protection guidelines have been issued to supplement the Personal Data Protection Act in Thailand, which … Read more
Alastair Henderson, Priya Aswani and Kin-Hoe Loi have recently published an article in the Asian Dispute Review (October 2022 edition) on the recent developments in the Brunei courts which underscores the Brunei’s judiciary support for arbitration and the choice of parties in deciding where and how their disputes should be resolved. The article provides an … Read more
Currently, Malaysia does not have a data breach notification requirement under the Personal Data Protection Act 2010 (PDPA). One of the proposed amendments to be tabled for Parliament discussion in October 2022 is the introduction of a mandatory data breach notification regime. Proposed amendments to the PDPA are expected to be tabled at the next … Read more
On 13 July 2022, the Central Bank of Myanmar ordered companies and retail borrowers to suspend repayment of foreign loans. According to Bloomberg, companies in Myanmar have at least US$ 1.2 billion in outstanding dollar-denominated loans. The Central Bank’s order was introduced as one of the latest measures to protect the nation’s dwindling foreign exchange … Read more
Craig Shepherd and Arnold Hoong have recently published an article in the Global Arbitration Review’s Asia-Pacific Arbitration Review 2023 on the contractual effects of sanctions on construction projects. The article explored the effect of sanctions on contractual obligations within projects in the Asia-Pacific region as well as globally, and discusses what project owners and contractors … Read more
Construction disputes between contractors and employers in Thailand can take years to be resolved in court or arbitration. This can result in construction work being delayed and sometimes abandoned, and contractors facing financial difficulties. In response, Thailand is considering the introduction of a draft bill titled “Act on the Settlement of Disputes regarding Payment in Construction Contracts”. Read more
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