encyCLOpedia

July-December 2018

We are pleased to present our second issue of encyCLOpedia with more insightful articles on some of the latest developments in the legal world.

We cover the biggest franchise dispute in Malaysia – the Chatime-Tealive dispute. This saga came to an end recently as the parties reached an out-of-court settlement. Nonetheless, the decision by the Court of Appeal to reverse the decision of the High Court thus allowing La Kaffa's application for an interim prohibitory injunction is noteworthy and the article highlights the impact of the Court of Appeal's decision on the principle of injunctive relief.

On the trade scene, Malaysia is one of the countries currently negotiating a mega regional trade agreement known as the Regional Comprehensive Economic Partnership ("RCEP"). The RCEP covers various aspects of the economy with the aim of lowering trade barriers and enhancing investments among the RCEP members. 

On 19 September 2018, the Securities Commission Malaysia ("SC") announced the liberalisation of its regulatory framework to greater retail access to the RM1.3 trillion Malaysian bond and sukuk market. We discuss the new seasoning framework introduced by the SC.

Further, we explore the judicial trend in Malaysia on the defence of illegality in light of the new approach devised by the UK Supreme Court in the case of Patel v. Mirza [2017] 1 All ER 191.

 

January-July 2018

This is the maiden publication of our bi-annual newsletter. In this newsletter, we share some of the latest legal updates we think you will find interesting, and hopefully, relevant to most of your businesses. 

One of our articles relates to data privacy and exclusivity, specifically the impact European General Data Protection Regulation has on Malaysian organisations. Another one relates to data exclusivity under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”). We also share our thoughts on the current trends in financial services such as QR code-based payment channels and the legal framework that supports businesses to go digital.

Elsewhere in this newsletter, we set out a brief case commentary on the intricacies of marine insurance law claims, and discuss revisions to our Arbitration Act designed to make Malaysia as a choice arbitration hub for businesses.