There is no right to appeal an arbitral award per se, but an arbitral award may be set aside under by making an application to the court. The application to set aside an award must be made within three months…
Author: Chan Zi Xin
Chan Zi Xin is currently pursuing a Master in Medical Law (LLM) in the University of Liverpool as a Hodgson scholar. Having had her own articles published in Brickfields Law Review and Liverpool’s Law Bulletin, Zi Xin also led the operation of the University of Liverpool’s Law Review as the Deputy Editor In Chief (2016-17). Besides, Zi Xin currently volunteers with Healthwatch Liverpool as a social worker, where she acts as an advocate to help monitor and influence the provision of health and social care services in Liverpool. Zi Xin is also an avid squash player where she played for the university team and coached junior players.
5 Things To Know About Arbitration In Malaysia
Key legislation applicable to arbitration in Malaysia The Arbitration Act 2005, as amended by the Arbitration (Amendment) Act 2011 (AA) governs arbitration proceedings in Malaysia. The Act draws a clear distinction between domestic and international arbitration, whereas: Parts I, II…
[Member] Litigation or Arbitration?
Arbitration, is a non-court alternative method of dispute resolution, where an arbitrator or panel of arbitrators (“arbitral tribunal”) is appointed by the parties to make a binding decision, from which there are very limited grounds of challenge. Unlike court proceedings,…
The Law of Confidential Information in Malaysia
The information must have the quality of confidence about it The information disclosed must be confidential in nature (trade secrets, technological secrets, customer lists etc.) The confidential information must have some elements of originality in it, and must not…
What Is An Injunction And When Is It Used?
An injunction is a court order that requires a party either: To do a specified act; OR To refrain from doing a specified act. Generally, the common situation where injunctive relief is sought is where a party commits a wrong,…
The Law of Confidential Information in Malaysia
The information must have the quality of confidence about it The information disclosed must be confidential in nature (trade secrets, technological secrets, customer lists etc.) The confidential information must have some elements of originality in it, and must not…
Law on Workplace Discrimination in Malaysia
Prohibitions on workplace discrimination are fairly limited in Malaysia, as listed below: section 5(1)(c) of the Industrial Relations Act 1967: “employers shall not discriminate against any person in regard to employment, promotion, any condition of employment or working conditions on…
How To “Save” An Agreement With Potential Anti-Competitive Effects?
Relief of Liability: Parties to anti-competitive agreements may rely on Section 5 of the Competition Act 2010 to relieve liability, provided that they satisfy the requirements set out below: (a) there are significant identifiable technological, efficiency or social benefits directly…
How does a Grievance Procedure look like?
Definition of Grievance: According to the Acas Code of Practice on Disciplinary and Grievance Procedures, “grievances” mean any “concerns, problems or complaints employees raise with their employer”. Grievance Procedure: As a starting point, any grievances at workplace should be…
Snapshot Of Patent Law In Malaysia
Definition: A patent is an exclusive right granted for an invention (a product or a process) that provides a new way of doing something. A patent is protected for 20 years from the date of filing. Criteria: The invention…
At-A-Glance Guide to Competition Law in Malaysia
In Malaysia, the Competition Act 2010 (“Act”) sets out the competition law governing most companies and businesses. In essence, the Act prohibits: anti-competitive agreement which has the object (ie: aim) or effect of significantly restricting or distorting competition in any…
0% GST in Malaysia: How Does This Impact Your Business?
0% GST in Malaysia: As many of you are aware, the GST rate for standard-rated supplies of goods and services is reduced from 6% to 0%, effective from 1st June 2018 onwards. So what does this mean to your business?…
Key Things to Know About the Anti-Fake News Act 2018 in Malaysia
Key Things to know about the Anti-Fake News Act 2018 in Malaysia It is an offence to “maliciously create, publish or disseminate any fake news or publication containing fake news”. Fake news is broadly defined as “any news or information,…
[Member] Corporate Finance: Understanding The Basics Of Cost Of Debt, Cost Of Equity And Cost Of Capital
Debt Financing versus Equity Financing Debt financing is where a firm raises money for capital by selling debt instruments to investors. By lending money to a firm, the individuals or institutions become creditors and receive a promise that the principal…
Bail Application In Malaysia
Types of bail: Police bail: The release of a suspect from police station when investigation cannot be completed. The suspect will need to report to the police station at a later stage at the appointed date and time. Court…
The use of limits of a retention of title clause
It is common that you see a “retention of title” clause in commercial contracts. What is it for and what is the extent of its effectiveness? The main purpose of this clause is to allow the seller to reclaim possession…
Key Things You Need To Know About Copyright Law In Malaysia
What kind of works are protected under copyright law? literary works (books, drama, scripts, articles, reports, computer programs etc) artistic works (paintings, drawings, diagrams, photographs, sculptures etc.) musical works films sound recordings broadcasts For example, for a computer game, the…
Significance of an ‘Entire Agreement’ Clause?
It is a standard practice that lawyers will insert an “entire agreement clause” (see below) in a contract. This is such a common clause that many people overlook it as “just another standard contract term”. In fact, this is actually…
Overreaching the beneficial interests in property held as tenant in common
Do you know that when a property is owned by two or more people, they hold the property on a “trust of land”, where the legal estate of the property is held on trust for the beneficial owners? So, who…
Distinctions Between Passing Off And Trademark Infringement
Can you spot any similarities in the two chocolate bars above? Would you think the two products are somehow related or they come from the same source? The picture above actually represents a real case called United Biscuits…