LexisNexis’ Gaythri Raman & Min Chen share their legaltech insights ahead of #LexTech17

The LexTech Conference 2017 will be held in Cyberjaya on 4 & 5 November 2017. Visit the event website for more information. TheMalaysianLawyer.com is a media partner of #LexTech17, and our readers can use the promo code LEXTECHTML when purchasing the tickets to enjoy a 10% discount. You can read our other posts on the conference via the LexTech17 tag.

There are some exciting panels and speakers lined up for #LexTech17, and we managed to speak with two of these speakers, both from LexisNexis, to get a preview of some of their thoughts on legal innovations and technology.

Gaythri Raman is the Managing Director of LexisNexis Southeast Asia, and at the conference she will be sharing about “Legal Innovations We Should Look To Accelerate”.

Min Chen is the Vice President & Chief Technology Officer Asia Pacific of LexisNexis, and the title of her conference topic is “AI in Legal Research”.

Gaythri Min Chen
Min and Gaythri

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Case Update: Winding Up Petition Cannot be Stayed Pending Reference to Arbitration

In an earlier article ‘Arbitration and Liquidation: Never the Twain Shall Meet?, I had examined the possible tension between the contractual bargain to arbitration and the statutory right to bring winding up proceedings based on a debt. Would an arbitration agreement trump the statutory winding up process?

The recent High Court decision in NFC Labuan Shipleasing I Ltd v Semua Chemical Shipping Sdn Bhd [2017] MLJU 900; [2017] 1 LNS 943 found that there cannot be a stay under the Arbitration Act 2005 (AA 2005) of a winding up petition. A winding up petition is not a claim for payment. It is a class action in the public interest as part of a statutory regime. Therefore, it was held that a winding up petition is not a ‘proceeding’ that is susceptible to a stay pending arbitration. Further, a winding up petition does not concern a matter that is subject to an arbitration agreement. Continue reading

5 things I learned from pupillage that law school didn’t teach me

Guest writer Janice Tan Ying has recently completed her pupillage, and has been retained as an Associate in one of the most well-regarded tax teams in Malaysia.

Call to the bar
An exuberant and fresh-faced Janice on the day of her Call to the Bar of England & Wales, before commencing pupillage in Malaysia. Post-pupillage photo not supplied for comparison of exuberance or freshness of face.

Pupillage. The budding legal eaglet’s nine-month rite of passage (read: baptism of fire) into a career at the Bar.

These nine months will shape and mould your career and personal development. Your pupillage period may be the springboard towards a flourishing legal career, or one that will (gasp shock horror!) turn you off practice permanently.

These are the five key takeaways that I have gleaned from my pupillage journey. They are by no means hard and fast rules, but are my personal take on some of the usual ‘how to’ advice dished out by lawyers.

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Case Update: Employer’s poor handling of workplace assault and harassment complaints amounts to constructive dismissal

Case Updates - red

In this Case Update series, I share summaries of recent Malaysian court decisions to explore the current approach taken by the courts when deciding on employment-related issues. You can find all the posts in the series by clicking here, including case updates on other legal areas by TheMalaysianLawyer co-founder Lee Shih.

Most employers are now aware of the importance of having clear policies and processes when it comes to handling complaints and disciplinary issues. It’s the norm for businesses hiring a reasonable number of employees to have in place various codes of conduct, guidelines, and policies.

Despite this, an employer that receives an employee complaint and acts on it could still be at risk of being deemed to have breached the terms and conditions of employment, or severed the employment relationship, due to shortcomings in how the complaint was handled.

The Industrial Court recently considered these issues in Justin Maurice Read v. Petroliam Nasional Berhad (Petronas) (Award No. 965 of 2017). In this case, the claimant (the Employee) had complained of being assaulted and harassed in the workplace. The Employee then claimed that the manner in which these complaints were handled by the company (the Employer) entitled him to claim to have been constructively dismissed.

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INSOL International’s Kuala Lumpur Seminar – 28 November 2017

INSOL International is the International Association of Restructuring, Insolvency & Bankruptcy Professionals. It is a world-wide federation of national associations for accountants and lawyers who specialise in turnaround and insolvency.

INSOL International will be holding its first-ever event in Malaysia with its Kuala Lumpur One Day Seminar on 28 November 2017 at the KL Hilton.

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