On 2 March 2023, Ng Jern-Fei KC shared his tips and experience in the building of his successful global disputes practice. The session was organised by Lim Chee Wee Partnership and the Asian International Arbitration Centre.
This post distills the 5 lessons shared by Jern-Fei at this session.
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Recently, a young lawyer asked me for advice on how to generally switch practice areas to move into litigation. From my brief advice, I thought it would be useful to set out and expand on my tips. I write this especially from the lens of a commercial litigator.
These tips are shaped by my personal experience. Please feel free to suggest more tips in the comments section and where we can learn from other lawyers’ experiences.
This article sets out a list of 21 active Malaysian law blogs as at 1 September 2021. A law blog would qualify for the list if there has been at least one post in the year 2021.
We look forward to seeing the Malaysian law blog community continue to grow here.
The blogs have been arranged in alphabetical order. Continue reading
Wong Li Qi writes a case update on a recent Singapore Court of Appeal decision granting retrospective leave for lifting of the Riddick undertaking.
The Singapore Court of Appeal in Ong Jane Rebecca v Lim Lie Hoa [2021] SGCA 63 clarified the legal framework on a Riddick undertaking and discussed the relevant considerations in whether to lift the undertaking. In light of the exceptional circumstances, the Court of Appeal had granted the appellant retrospective leave.
While this decision dealt with other facts, this case update focuses only on the key facts and issues on the Riddick undertaking.
We end off our top 5 cases series for 2020 with the top 5 arbitration cases in Malaysia for 2020. I had written about last year’s top 5 arbitration cases for 2019.
This year’s cases range from anti-arbitration injunctions, what amounts to a breach of natural justice for setting aside an arbitral award, adhering to the time limit for the issuance of an award, to the arbitrability of a dispute on the register of transfer of shares. Continue reading
This is a guest post by Joshua Wu. It is one of the 3 articles selected to be published on TML following our open call for submissions. We would like to thank everyone who sent in their articles. We hope to see more quality legal writing published, which will hopefully lead to vibrant discussions and thought leadership in the Malaysian legal industry.
Malaysia’s Judiciary has proposed amendments to the civil procedure rules for online civil trials by remote communication technology. As detailed below, online civil trials can have positive effects but with possible weaknesses as well.
On 23 April 2020, the Malaysian Judiciary made history as it live streamed a Court of Appeal hearing. The live stream was opened to the public and was done so on the Judiciary’s website and YouTube channel.
The anticipated next step is the introduction of online civil trials. This is not a unique phenomenon as courts in other jurisdictions, such as China and the United Kingdom, have experimented with online trials. Indonesia has also recently announced that it will be embracing online trials.
The move towards holding online civil trials in Malaysia is already in motion. The Judiciary has proposed amendments to, among others, the Rules of Court 2012. Some of the key amendments will allow for:
Some of the positives and negatives associated with holding online civil trials in the Malaysian context will be briefly examined. Continue reading
