A mudarabah is an arrangement where two or more parties collaborate for a common commercial purpose, while maintaining distinct roles. A musharakah, however, is akin to a conventional partnership under which two or more parties contribute towards the capital of a joint underlying commercial venture in the expectation of profits. Read more

In Vertex Superieur Sdn Bhd & Anor v Shell Malaysia Trading Sdn Bhd, the High Court refused to stay court proceedings brought in breach of an arbitration agreement on the basis that it was in the public interest that allegations by a non-signatory that an underlying contract was procured by private bribery and corruption should be tried expeditiously through court proceedings. Read more

In Masenang Sdn Bhd v Sabanilam Enterprise Sdn Bhd, the Federal Court held that the courts of first instance of the place specified as the seat of arbitration in Malaysia has exclusive supervisory jurisdiction over arbitrations seated in that place, including any award arising from such proceedings. Read more

The Asian International Arbitration Centre has launched the latest revisions to its Arbitration Rules, following their last update in 2018. Upon coming into effect on 1 August 2021, the AIAC Arbitration Rules 2021 will apply to all AIAC arbitrations commenced after this date unless parties agree otherwise. Read more

Embracing the transition to renewable energy (RE) in order to reduce carbon emissions has been on the agenda for Malaysia. The Ministry of Science, Technology and Innovation has set an ambitious target for Malaysia to achieve 20% RE capacity in 2025, and Malaysia is also committed to its contribution to the RE target set by ASEAN, i.e. 35% RE capacity by 2025. Read more

On Sunday, 20 June 2021, the Asian International Arbitration Centre (AIAC) launched its new International Arbitration Rules for public comment following extensive consultations with an international External Advisory Committee for the Revision of the AIAC Arbitration Rules Read more

The last few years have seen an increase in the level of enforcement by the Competition Commission (MyCC), and this trend is set to continue. It is important for both local and foreign enterprises to be aware of the implications of the MyCC's increased level of activity. Read more

With increasing awareness and concern about climate change and socially responsible financing, there is a continuing trend in the Islamic financing market for the issuances of green sukuk. Closely resembling green bonds, the emergence of the green sukuk is a natural evolution in Islamic financing. Read more