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

28 March, 2023
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

Malaysian Court reconfirms that tribunals take priority over courts when granting interim relief

23 February, 2023
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

Key changes in data privacy and cyber security laws across Southeast Asia in 2022

29 November, 2022
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

Privacy law reform in Malaysia: One step closer to mandatory breach notification

23 August, 2022
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

Impact on Thai businesses amid Myanmar’s move to suspend foreign loan repayments

12 August, 2022
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

Sanctions and Material Adverse Change Provisions

11 August, 2022
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

Getting paid: A New Bill to streamline Construction Disputes in Thailand

27 July, 2022
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

Directors Beware: Indemnity in a Company’s Constitution is not Foolproof

28 June, 2022
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