corporate rescue mechanism

Malaysia’s Cross-Border Insolvency Bill Embraces the UNCITRAL Model Law

Lee ShihLeave a comment

Parliament has now tabled Malaysia’s long-awaited Cross Border Insolvency Bill 2025, marking a landmark step in the country’s insolvency reform.

With this move, Malaysia signals its adoption of the UNCITRAL Model Law on Cross-Border Insolvency (Model Law) and joins more than 60 jurisdictions in implementing a harmonised framework for managing cross-border restructuring and insolvency proceedings.

I had earlier co-written an article on the case for Malaysia’s adoption of the Model Law.

This article outlines 10 key features of the Bill and its expected impact on Malaysia’s insolvency landscape. Continue reading →

Case for Malaysia to adopt Model Law on Cross-Border Insolvency

Lee ShihLeave a comment

On 14 April 2025, The Edge Malaysia published our piece on why Malaysia should adopt the UNCITRAL Model Law on Cross-Border Insolvency. I reproduce the article below. Continue reading →

Inns of Court Malaysia Webinar: Judicial Management and Corporate Rescue

Lee ShihLeave a comment

The Inns of Court Malaysia will be holding another instalment of its flagship event, the ICM Legal Education Series. This webinar is on Friday 22 July 2022 at 4pm. Registration is required. The event is free for Inns of Court Malaysia members and RM50 for non-members.

This talk is titled Judicial Management and Corporate Rescue: Balancing the Rescue of Distressed Companies and the Rights of Creditors.

You may download the poster for email registration or sign up via the Google Forms link. Continue reading →

Case Update: Court of Appeal Rules Against Scomi Group Judicial Management Appeal

Lee ShihLeave a comment

Today, the Court of Appeal dismissed Scomi Group Bhd’s appeal against the High Court decision dismissing its judicial management application.

As set out earlier, the High Court had ruled on two points when dismissing the judicial management application of Scomi Group Bhd, being a listed company. Continue reading →

Case Update: Court Protection for Judicial Managers, Being Officers of the Court

The Malaysian LawyerLeave a comment

Pang Huey Lynn writes about this novel decision where a party filed a suit against a judicial manager.

The High Court in the case of Demeter O&G Supplies Sdn Bhd v Datuk Stephen Duar Tuan Kiat (as judicial manager of Scomi Oiltools Sdn Bhd and Scomi KMC Sdn Bhd) (grounds of judgment dated 30 November 2021) allowed the judicial manager’s application to strike out the civil suit filed against him.

One of the key issues was whether a party could file a suit against a judicial manager without first obtaining permission from the judicial management court.

Continue reading →

Case Update: High Court Finds that Listed Companies Cannot Apply for Judicial Management

Lee ShihLeave a comment

The High Court in the judicial management application of Re Scomi Group Bhd decided that public listed companies cannot apply for judicial management. Hence, Scomi Group Bhd’s judicial management application was dismissed.

I have updated this article with the full grounds of judgment dated 4 October 2021.

Continue reading →