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News & Analysis

The Dawn of Merger Control in Malaysia (MyCC’s Proposals to Amend the Competition Act 2010)

30 May 2022 by Shearn Delamore & Co

As indicated in numerous press statements1 issued by the Malaysia Competition Commission (“MyCC”) in recent years, MyCC is undertaking an exercise to amend the Competition Act 2010 (“CA 2010”), most notably to introduce a general merger control regime in Malaysia and to enhance its powers under the CA 2010.

News & Analysis

Dispute Resolution: Mkini Dotcom Sdn Bhd v Raub Australian Gold Mining Sdn Bhd [2021] 5 MLJ 79

15 May 2022 by Shearn Delamore & Co

A case note by Yap Jun Cheng

News & Analysis

CKH v CKG – clarifying the grounds for setting aside an arbitral award

10 May 2022 by Ng Yuan Siang

Expert Analysis Article

News & Analysis

Corporate/M&A Auspicious Journey: The Federal Court decides on minority shareholders rights

05 May 2022 by A case note by David Lim Wei Choon

The Federal Court (“FC”) in Auspicious Journey Sdn Bhd v Ebony Ritz Sdn Bhd1 has affirmed in its reasoning on whether the remedy in section 181 of the Companies Act 1965 (“CA 1965”) (now section 346 of the Companies Act 2016 (“CA 2016”)) in a case where an organ of a company is exercising its power in an oppressive manner to the minority that liability may be imposed onto parties other than the majority shareholders.

News & Analysis

Amendments to the Malaysian Patents Act 1983 & Patents Regulations 1986

30 April 2022 by Shearn Delamore & Co

Amendments have been made to the Patents Act 1983 (“PA1983”) and Patent Regulations 1986 (“PR1986”), via the Patents (Amendment) Act 2022 (“the Amending Act”) and Patents (Amendment) Regulations 2022 (“the Amending Regulations”).

News & Analysis

Real Estate: What is the length of notice required to terminate a tenancy validly?

21 April 2022 by Shearn Delamore & Co

In this article, Ng Lyn Ee considers the length of notice required to validly terminate a tenancy.

News & Analysis

Determining if an Employee is Transferred or Seconded

30 March 2022 by Shearn Delamore & Co

The issue of whether an employee is transferred or seconded can sometimes prove rather contentious. In a transfer, the employment relationship to transferred to the new employer (i.e. the original company is no longer the employer), whereas in a secondment situation, the employee remains under the employment of the original company but may perform work for the secondee company.

News & Analysis

Transition to Endemic — What it Means for the Employers in Malaysia?

17 March 2022 by Shearn Delamore & Co

Introduction With effect from 1 April 2022, Malaysia will enter the “Transition to Endemic” phase.

News & Analysis

Updates on the Procedures for Obtaining Construction Business Entity Certificates (SBU)

21 February 2022 by Makarim & Taira S - Indonesia

The Ministry of Public Works and Housing (“MPW”) has issued the Circular Letter No. 21/SE/M/2021 on The Procedures for Fulfillment of the Business License Requirements, the Implementation of Construction Work Competence Certification, and the Implementation of Business Entity Certificates and Construction Work Competence Certificates (“Circular Letter”). Previously, the construction licensing is scattered into a few online platforms, such as the MPW’s online portal and Integrated Construction Services Information System (“SIJK”).

News & Analysis

Grounds for the Annulment of Domestic Arbitration Awards in Indonesia (Recent Development)

26 January 2022 by Makarim & Taira S - Indonesia

Following the issuance of Constitutional Court Ruling No. 15/PUU-XII/2014 dated 11 November 2014, up until now, no clear guidance has been provided on the use of Article 70 of the Arbitration Law (Law No. 30 of 1999) ie, the reasons for which an arbitration award can be annulled. This advisory discusses the recent development in the interpretation of Article 70 of the Arbitration Law by the Indonesian courts.