Conditional Stay Pending Arbitration: Barred from Raising the Defence of Limitation

21 Oct 2021

In this article, I dissect the High Court case of Lineclear Motion Pictures Sdn Bhd v Measat Broadcast Network Systems Sdn Bhd, where Liza Chan JC granted a stay of all proceedings pending reference to arbitration with the condition that the First Defendant is barred from raising the defence of limitation in the arbitration proceedings. … More Conditional Stay Pending Arbitration: Barred from Raising the Defence of Limitation

Does the Qualification of “Inventor” under Patent Law extend to Artificial Intelligence?

3 Oct 2021

The Court of Appeal in Thaler v Comptroller General of Patents Trade Marks and Designs [2021] EWCA Civ 1374 answered this question by concluding that because an artificial intelligence machine is not a person, it cannot be considered as an “inventor” for the purposes of Sections 7 and 13 of the UK Patents Act. This article will provide a brief overview of the decision. … More Does the Qualification of “Inventor” under Patent Law extend to Artificial Intelligence?

What to Do When Your Company is Served with a Notice of Demand under Section 466 of the Companies Act 2016?

25 Sep 2021

The short answer is to apply for a Fortuna Injunction. The injunction restrains the creditor from presenting a winding-up petition if certain conditions are satisfied. … More What to Do When Your Company is Served with a Notice of Demand under Section 466 of the Companies Act 2016?

A Brief Overview of Norman v UK (Application no. 41387/17)

18 Sep 2021

The European Court of Human Rights published its judgement in the case of Norman v UK (Application no. 41387/17) on the 6th of July, 2021. Mr Robert Norman, a prison officer at Belmarsh Prison, was convicted of misconduct in public office in 2015 for providing a tabloid journalist with a range of information in exchange for money. The newspaper subsequently disclosed his name to the police in the context of an investigation into allegations of inappropriate payments by newspapers to public officials. The applicant was prosecuted and convicted of misconduct in public office. The ECtHR ruled that there was no breach of Article 7 or Article 10 of the ECHR. … More A Brief Overview of Norman v UK (Application no. 41387/17)

Animal Rights – The Right Thing to Do

11 Sep 2021

With a recent spike in reports specifically pertaining to animal dumping and animal cruelty, it is only pertinent to revisit the relevant laws in Malaysia relating to animal welfare. To date, Malaysia has two acts that govern the welfare of animals, namely the Animals Act 1953 (Act 647) and the Animal Welfare Act 2015 (Act 772). This article aims to explore the history behind these legislations as well as provide a brief overview on some key areas governed under the Acts. … More Animal Rights – The Right Thing to Do

Is a CIPAA adjudication decision a ‘disputed’ debt in the context of winding-up?

4 Sep 2021

In a recent judgment, the Court of Appeal in Sime Darby Solution Sdn Bhd v Rzh Setia Jaya Sdn Bhd overturned the High Court’s decision to grant a Fortuna injunction in relation to debt arising from a CIPAA adjudication decision. It found that the High Court had failed to strictly apply Likas Bay. The Court of Appeal’s judgment is the latest in a series of decisions dealing with the treatment of debt arising from an adjudication decision in relation to winding-up. This post looks at the decision and its significance for this area of the law. … More Is a CIPAA adjudication decision a ‘disputed’ debt in the context of winding-up?

Management Bodies to the Rescue: The Tale of Dua Residency and the Developer’s Duty of Care

26 Aug 2021

In this article, the author delves into the case of Dua Residency Management Corporation v. Edisi Utama Sdn Bhd & Anor [2021] 1 LNS 174, where the Malaysian High Court recognised a novel duty of care that developers of a construction project have towards the Management Body of a condominium. … More Management Bodies to the Rescue: The Tale of Dua Residency and the Developer’s Duty of Care

The Run Down on the Merdeka Asean Green SRI Sukuk Programme

22 Aug 2021

More corporations are finding ways in which to establish Green Sukuk programmes in order to not only be Shariah-compliant in their investments, but also to advocate for the development of a greener society in the years to come.

This article will explore one such initiative, which is the Merdeka Asean Green SRI Sukuk Programme. … More The Run Down on the Merdeka Asean Green SRI Sukuk Programme

Non-Exclusive Jurisdiction Clauses: Are They Exclusive Instead?

21 Aug 2021

Is there a distinction between exclusive jurisdiction clauses and non-exclusive jurisdiction clauses? Some may argue that in the latter, parties still have the option to not comply with the jurisdiction clause in the agreement. The Court of Appeal in United Overseas Bank Limited v United Securities Sdn Bhd & 6 Ors shed some light on this issue. It was held that a non-exclusive jurisdiction clause is still an exclusive jurisdiction clause. The only distinction between an exclusive and a non-exclusive jurisdiction clause is that both parties are bound by the former and only the defendant is bound by the latter. … More Non-Exclusive Jurisdiction Clauses: Are They Exclusive Instead?

Facebook’s Hate Speech Policy – A Violation of German Constitutional Rights

15 Aug 2021

In its ruling on the 29th of July, the Federal Court of Justice in Germany held that Facebook’s hate speech policy is in breach of their citizens’ constitutional rights. This is a landmark decision for social media companies, especially with regards to their policing of content and the balance of fundamental rights that need to be maintained.

Although the full grounds of judgement have yet to be published, this case update will focus on the summary judgement and the rationale behind the courts decision. … More Facebook’s Hate Speech Policy – A Violation of German Constitutional Rights