Inaugural Malaysian Bar ESG Conference

Reported by Tee Puang Yan, Farah Aqila, Nurul Athirah Ja’afar, Kam Sue Herng and Iman Balqis On the 27th November 2024, the Malaysian Bar held its inaugural conference on ESG (Environmental, Social and Governance), particularly…

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Negligence and Liability in Unauthorised Cryptocurrency Transactions 

The recent decision by Sessions Court judge Sazlina Safie in the case of Yew See Tak v Luno Malaysia Sdn Bhd raises significant legal questions regarding the duty of care owed by cryptocurrency platforms to their users, particularly in the context of unauthorised transactions. This commentary will explore the legal principles underlying the judgment, the implications for financial service providers in the digital asset space, and the potential avenues for appeal.

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金融特区(Special Financial Zone)–马来西亚柔佛森林城市

2024年9月20日,马来西亚第二财政部长拿督斯里阿米尔韩沙•阿兹占宣布在柔佛州的森林城市设立新的金融特区(又称“SFZ”)。一系列激励措施已被推出,以吸引企业和人才进入这一新的金融特区,尤其是针对家族财富管理办公室及更广泛的金融行业。以下是已概述的主要激励措施。

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Special Financial Zone–Forest City Johor

On 20th September 2024, Malaysia’s Minister of Finance II, Datuk Seri Amir Hamzah Azizan, announced the establishment of a new Special Financial Zone (‘SFZ’) in Forest City, Johor. A range of incentives have been introduced to attract businesses and talent to this new SFZ, particularly, targeting industries such as family wealth offices and the broader financial sector. Below are the key incentives that have been outlined.

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Arbitration (Amendment) Bill 2024: Third-Party Funding

Written by Syazrinie Jalil Introduction The Arbitration (Amendment) Bill 2024, passed by both the Dewan Rakyat and Dewan negara respectively, is a watershed moment in Malaysia’s legal landscape. This amendment introduces several key changes to…

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Malaysia’s New Regulatory Framework for Social Media and Internet Messaging Platforms

Malaysia’s recent announcement to introduce a new regulatory framework for social media and internet messaging platforms with over eight million users has sparked significant debate. While the government argues that the move will enhance online safety, especially for children and families, critics fear that it may suppress freedom of expression. This commentary explores the framework’s legal implications, contrasting it with comparable laws in other nations and going over possible effects on users, platforms, and wider civil freedoms.

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Court Upholds Arbitral Award: Reaffirming the High Threshold for Challenging Arbitration Decisions  

One significant advantage of arbitration is the absence of a general right to appeal the tribunal’s decision. This typically results in faster enforcement of arbitral awards compared to court judgments, which can undergo multiple appeals. In exceptional circumstances, a party may seek to have an arbitral award set aside by the courts at the seat of arbitration. However, courts have consistently held that such relief is only granted in rare instances, such as where there has been a significant breach of natural justice or procedural improprieties. Generally, arbitral awards are upheld.

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Is Ambush Marketing Shaking Up Sports Law?

Reproduced with permission from Grandall Law Firm.

2024 is a year full of sporting events. From the Euros to the Summer Olympics and Paralympics, sports enthusiasts have many events to look forward to. Yet, in the era of sports commercialisation, sports are no longer merely a presentation of physical exertion and recreational entertainment, but rather, it is a multi-billion-dollar industry which possesses a global fanbase and commercial market that many companies and corporations would like to capitalise and monetise from. As the sporting industry continues to grow, the competition amongst corporations has intensified over the past two decades. This paper wishes to explain the origins of ambush marketing, examples and the rise of ambush marketing, the legal implications and regulatory measures taken by sporting authorities to regulate such practices and what can be done to further regulate and administer the practice of ambush marketing.

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Malaysia My Second Home

Malaysia My Second Home (‘MM2H’) is a distinguished initiative endorsed by the Ministry of Tourism Malaysia, aimed at promoting Malaysia as an appealing destination for potential residents from around the globe. This program offers non-Malaysian expatriates and retirees the opportunity to reside in Malaysia, providing them with a social visit pass and a multiple-entry visa issued by the Malaysian Immigration Department.

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Understanding the PDPA and its Amendments

The Personal Data Protection Act 2010 is Malaysia’s primary legislation governing the processing of personal data in commercial transactions. Its main purposes are: to protect the personal data of individuals in commercial transactions; to regulate the processing of personal data; and to prevent misuse of personal information.

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ESG: An Update

In light of the rapidly growing trend of ESG and its growing influence on global business practices which led to the existence of a vacuum of information on ESG, this article serves as an update to our previous discussions on the topic. Rather than revisiting the fundamentals of ESG, we will focus on an update of recent developments, with particular attention to changes within Malaysia’s commercial and legal framework, alongside significant global trends.

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Alternative Dispute Resolution: Arbitration 

In recent years, the Asian International Arbitration Centre (AIAC) has experienced a notable increase in its caseload. For instance, in 2023, AIAC handled a total of 873 matters, both registered and pre-registered, compared to 810 matters in 2022. This upward trend highlights the growing reliance on arbitration for dispute resolution.

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Alternative Dispute Resolution

Alternative dispute resolution (ADR) has been around for many years and as the name suggests has often been used as an alternative to traditional litigation.

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Cyber Security Bill 2024

Written by Fatin Ismail On the 27 of March 2024, the Dewan Rakyat passed the Cyber Security Bill 2024. This bill seeks to enhance the national cyber security by requiring compliance of certain measures, standards…

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Asian Collaboration, Global Alliance

In conjunction with the 50th anniversary of China-Malaysia diplomatic relations, RWC is establishing an alliance with Grandall Law Firm – People’s Republic of China. RWC will join Grandall’s offices all over China, and also the…

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