Extraterritoriality: E-Commerce Laws

Despite the rapid growth of cross-border trade, Malaysia currently lacks a legislative framework that specifically governs cross-border e-commerce transactions. This creates a regulatory blind spot, allowing foreign online marketplace operators and sellers to evade liability simply because they do not have a physical or legal presence in Malaysia. When harmful, defective, or illegal goods are sold into Malaysia, or when personal data is mishandled by foreign platforms, affected consumers often struggle to identify, locate, or take legal action against these entities due to the differing jurisdictions in which parties are located. This leaves consumers vulnerable and domestic laws unenforceable against offshore actors.

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Regulating the Digital Marketplace: Law in the Age of E-Commerce

E-commerce has revolutionised the way businesses and consumers interact. However, while technology has changed the mode of doing business, the law continues to apply. The same principles that govern traditional commerce — from fair trading to product safety — extend to online transactions, though often with added complexity.

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RFC Seraing SA v FIFA: The Challenge of Forced Sports Arbitration

In 2015, FIFA implemented a global ban on TPO agreements, which prohibited clubs and investors from sharing players’ economic rights.

RFC Seraing, which had entered into such arrangements with an investment fund, was sanctioned with fines and a transfer ban by FIFA. The club argued that the ban restricted competition and free movement under European Union (‘EU’) law and sought to challenge the arbitral award confirming FIFA’s sanctions.

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An End to the Debate: Federal Court Ruling on Choice of Enforcement Regime for Foreign Arbitral Awards

Malaysian arbitration law has historically featured a debate on the available routes for enforcing foreign arbitral awards, specifically, whether award creditors could opt for direct enforcement under the Malaysian Arbitration Act 2005 or were required to pursue enforcement under the Reciprocal Enforcement of Judgments Act 1958 framework after converting the award into a judgment abroad.

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Dispute Resolution in Sport: The Asian Sports Arbitration Rules 2023

In October 2023, the Asian International Arbitration Centre (‘AIAC’) introduced the Asian Sports Arbitration Rules 2023 (‘ASAR 2023’). In Malaysia, AIAC has emerged as a hub for sports arbitration when it introduced ASAR 2023, designing it for the unique requirements of the sports industry. AIAC aims to be an international hub for arbitration matters. This is also supported in our legislation Arbitration Act 2005 where it supports ADR and recognises both domestic and international arbitration.

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Latest Amendments to Code of Sports-related Arbitration 2025

The amendments to the CAS Code and Schedule of Arbitration Costs which came into force on 1 July 2025, show a wavering commitment to expediting its procedures, thus enhancing efficiency and ensuring much clarity in the arbitral process. The formal inclusion of in-house clerks, removal of outdated communication methods, and the updated cost structure underscore a remarkable shift towards a more swift and cost-effective mode of dispute resolution in international sports arbitration.

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Effective Redress of Electronic Commerce Disputes

The primary purpose of the Electronic Commerce Act 2006 is to provide legal recognition for electronic communications in the formation of contracts. In simple terms, it means that contracts made through emails, websites, or apps are recognised by law and are legally binding just like paper documents. The goal is to make it easier and safer to do business online by giving legal validity to electronic communications and transactions. More importantly, these electronic records can be used as valid proof to take legal action and resolve disputes.

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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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