Malaysia Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in Malaysia

Are Whatsapp Messages Admissible in a Malaysian Court?

  September 5, 2017     By Donovan & Ho Advocates and Solicitors
It is a misconception that Whatsapp messages are not admisisble in court due to their "informal" nature. On the contrary, Malaysian courts have...

The Ultimate Guide to Buying Property in Malaysia

Understand key fundamental issues before purchasing any property

Sleeping on the Job in Malaysia - Is it Misconduct?

Can you terminate an employee for sleeping on the job?

Frequently Asked Questions about Unfair Dismissal in Malaysia

While many people may be familiar with the term "unfair dismissal" or "wrongful termination", the concept of unfair dismissal in Malaysia not as...

Notice Period of Resignation for Directors in Malaysia

There is always the beginning and the end. Upon being appointed as directors, many of these directors may not be aware of the requisite notice...

You're Fired: Unfair Dismissal in Malaysia

An oft-repeated business mantra is “be slow to hire and quick to fire”. Unfortunately, what many managers do not realise is that a “quick to...

Up Close and Personal: The Malaysian Personal Data Protection Act

The Malaysian Personal Data Protection Act 2010 (“the Act”) came into force on 15 November 2013. With it, businesses in Malaysia are now faced...

Sick and Tired: Sick Leave in Malaysia

Abuse of sick leave entitlements is not a new issue in Malaysia. Employers and employees alike should ensure they are fully educated on the laws...

When Should Blog or Forum Posts Create Liability for Defamation?

Writers often express their views on blogs or forums. With the advancement of laws, anyone who writes articles, must be cautious of consequences...

Can You be Held Responsible for Texting a Driver Who Causes an Accident?

Texting people is extremely common. Now, one might just be liable, if you do so to someone who is driving, and causes an accident. An Appellate...

Technology & Communications Law - Malaysia

A basic insight into the laws of technology and communications in Malaysia.

MH370 - The Montreal Convention from a Malaysian Perspective

An insight for the unfortunate whose relatives were traveling on MH370.

How Does Malaysian Law Deal With Acts of Piracy at Sea?

Piracy is a prevailing problem with no reasonable solution in sight. How safe is your ship or consignment passing through the seas surrounding...

White Collar Crime in Malaysia

A Malaysian perspective on White-Collar Crime. A daunting task it has failed to curb, yet.

An Overview of Arbitration Procedure and Practice in Malaysia

A basic insight into Arbitration practices and procedures and how Malaysia is slowly yet steadily following international guidelines on...

Warrior Tour: Contracting around unforeseen events

Contracting in sensitive Muslim countries where western culture may not be well perceived may create legal obligations and precedents which must...

Seeing Doubles - Insurance Claim or Full Sum Damages, or Both? - Malaysia

You met with a motor accident, and your medical expanses were covered by insurance. Are you entitled to claim from the wrongdoer as well? The...

Sexual Harassment - How Safe Are You at Work?

A survey showed that 7 out of 10 female employees were sexually harassed at their workplace. So, how safe are you at work?

Group Insurance Policy - Sue the Insurer? Think Again - Malaysia

Generally speaking, you are not the owner of the group insurance policy that your company states you are covered under. Here is an overview on...

Rear End Collision - Is It Always Entirely your Fault? - Malaysia

At time it is customary to assume that when you crash into the car in front of you, the fault is all yours to take. That may not always be the...

An Onerous Duty - Malaysia

"With great power comes great responsibility." Glamorous as it may be, the post of a company director entails the accountability and undertaking...

Ship Arrest as Security for Arbitration Claim: Post the Arbitration (Amendment) Act 2011 - Malaysia

If Malaysia has always been viewed as a more economical jurisdiction for Ship Arrest in the South East Asia region, then (with this new...

Shipowners Limitation of Liability - Actual Fault and Privity - Malaysia

Shipping is a global business which involves many parties in day to day running of the business. It involves ship owners, ship management...

Malaysian Chief Justice Launches Revised Fast Track Arbitration Rules

Malaysia is gearing up to position themselves as an alternative choice for maritime dispute resolution in Asia. On 27th February 2012, the Chief...

Malaysia - Trademarks: in a Tiff Over “Miff”

MIFF Sdn. Bhd. v Kuala Lumpur & Selangor Furniture Entrepreneur Association and Ors [2010] MLJU 1216. The Plaintiff is involved in providing...

Intellectual Property: Traditional Concept of Confusion Applied to Protect Geographical Indication - Malaysia

The Agricultural and Processed Food Products Export Development Authority of India (APEDA) & Ors v Syarikat Faiza Sdn Bhd [2011] 2 MLJ 768.

Foreign Investment: Setting up of Manufacturing Business in Malaysia- Basic Requirements

Manufacturing license application - Eligibility and statutory requirement.

Foreign Investment: Setting up of Manufacturing Business in Malaysia- Approval Criteria

Foreign investor manufacturing license application – Malaysian government’s guidelines requirement.

Foreign Investment: Setting up of Manufacturing Business in Malaysia- Promoted Activities

The following is the list of promoted activities and products for high technology companies which are eligible for consideration of Pioneer...

Tax Incentives for Foreign Investment in Malaysia

Malaysia welcomes foreign investments, particularly in the manufacturing sector, and does not discriminate against investors from any country.

Setting Up a Representative Office in Malaysia

A Representative Office of a foreign company is an office which is established in Malaysia to perform permissible activities for its head office.

Setting Up a Company in Malaysia

Malaysian Companies Act 1965 provides that a Malaysian company shall have at least two directors, each having his principal or only place of...

Acquisition of Property in Malaysia

With effect from 1 January 2010, the minimum value of foreign acquisition of a residential property is now set at RM500,00.

Marine Insurance - Malaysia

Bizarre judgment by the High Court likely to affect marine hull underwriting business in Sarawak.

Malaysian Admiralty Court

Heralding a new era in the Nation's Maritime sector.

Malaysia - Trademarks: When Plus is More

Danone Biscuits Manufacturing (M) Sdn Bhd v Hwa Tai Industries Bhd [2010] 8 MLJ 500, High Court. The plaintiff, Danone Biscuits Manufacturing...

New Competition Law in Malaysia (July 2010)

The Malaysian Competition Act 2010 has been gazetted on 10 June 2010 and is expected to be implemented in January 2012.

MALAYSIA - TRADEMARKS: Test for Genericism is Territorial in Nature (August 2010)

Lockheed Martin Corp v Raytheon Co [2010] 7 MLJ 624

Carriers Liability Insurers - to Pay or Not to Pay - Malaysia

It is therefore important for parties entering into contracts and agreements to seriously consider the implied and express conditions/term of...

Ship Arrest Gone Wrong

The legal question that arose here was, whether the service on the master was in compliance with the governing law and the answer is simply 'No'.

Marine Insurance: Institute Cargo Clauses ( “ICC”) 2009

The archaic term “servants” in Clause 4.3 of ICC 1982 has been replaced with the term “employees” in Clause 4.3 of ICC 2009".

Malaysia Trademark Case-law (May 2009)

McCurry Restaurant (KL) Sdn Bhd v. McDonald’s Corporation [2009] 3 MLJ 774, Malaysia Court of Appeal

Latest Trademark Cases Affecting Well-known Marks (September 2009)

1. McLaren International Limited v Lim Yat Meen [2008] 1 AMR 243 CA; 8 June 2009 (unreported), Federal Court 2. UBS AG v UBS Corporation Sdn...

Legal Knowledge Management (A Knowledge Manager’s Perspective)

In a nutshell Legal Knowledge Management (LKM) refers to - the collection, organization, dissemination, and reuse of knowledge contained...

What do I Do if I Meet with an Accident

One of the more frequently asked questions are “what do I do if I meet with an accident” or “how much or what do I get if I were to meet with an...

Gated & Guarded Community - Malaysia

The contents of this article although not exhaustive will serve as a basic guide to any lay person in asking the right questions and to an...

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