Alastair Henderson, Priya Aswani and Kin-Hoe Loi have recently published an article in the Asian Dispute Review (October 2022 edition). This article provides an update on recent developments in the Brunei courts and the choice of parties in deciding where and how their disputes should be resolved, and considers what may lie ahead. 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. 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. Read more

Craig Shepherd and Arnold Hoong have recently published an article in the Global Arbitration Review's Asia-Pacific Arbitration Review 2023. This article explores 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 should look out for. Read more

Construction disputes between contractors and employers in Thailand can take years to be resolved in court or arbitration. 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 question of to what extent can the directors solely rely on an indemnity provision in a company's constitution to bring an indemnity claim against the company was considered by the Malaysian Court of Appeal in the case of Perdana Petroleum Bhd (formerly known as Petra Perdana Bhd) v Tengku Dato’ Ibrahim Petra bin Tengku Indra Petra & Ors [2021] 6 MLJ 663. Read more

Globally, there has been an increasing recognition that the conduct of a company affects various stakeholders around it, and that companies should have regard to environmental, social, human, and economic considerations. These considerations (commonly referred to as ESG considerations) are now rapidly being enacted into hard law across different jurisdictions. Read more

The Malaysian High Court decision in Lion Pacific Sdn Bhd v Pestech Technology Sdn Bhd (High Court Suit No: BA-22NCvC-85-02/2021) highlights that the Malaysian court's power to impose conditions on a stay under section 10 of the Act does not extend to matters that are governed by the Act and within the exclusive jurisdiction of the arbitral tribunal. Read more