Jurisprudentia Q4 October - December 2022

17 January 2023

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ADR

Court of Appeal affirms home buyers can seek compensation for defects and recover rectification costs

Banking & Finance

BNM issues policy document on Climate Risk Management and Scenario Analysis

Capital Markets

SC issues new Guidelines on Islamic Capital Market Products and Services

SC issues revised Guidelines on Recognised Markets

SC issues revised Guidelines on Unlisted Capital Market Products under the Lodge and Launch Framework introducing new chapter on ASEAN Sustainability-Linked bonds and sukuk

Bursa enhances sustainability reporting requirements in Listing Requirements

Competition

Competition Appeal Tribunal overturns MyCC infringement finding against General Insurance Association of Malaysia and 22 other insurance companies

Corporate & Commercial

Labuan Trusts (Amendment) Regulations 2022 and three other Regulations in effect from 1 January 2023

CCM revises Guidelines on Company Names relaxing rules regarding registration of company name

Employment, Health & Safety

Employees' Social Security (Minimum Average Monthly Wage) Regulations 2022 in effect from 1 January 2023

Energy, Infrastructure & Projects

Malaysia introduces Corporate Green Power Programme

Intellectual Property

Franchises must re-register pursuant to amendments to Malaysian Franchise Act 1998 coming into effect

Litigation

Court of Appeal holds no implied duty of good faith in commercial contracts

High Court emphasises importance of good faith in a derivative action under the Companies Act 2016

High Court finds infringement a pre-requisite to invoke right of private action under section 64 of Competition Act 2010

Real Estate

Court finds lifts are “common facilities” and outstanding maintenance and service charges can justify deprivation of use

Publications

Global Legal Insights to Bribery & Corruption 2023

The International Comparative Legal Guide to Investor-State Arbitration 2023

The International Comparative Legal Guide to Cartels & Leniency 2023

Deals

Disposal of consumer banking business of Citibank Berhad in Malaysia to United Overseas Bank (Malaysia) Bhd

Awards & Rankings

Rahmat Lim & Partners and firms in the Allen & Gledhill network continue to be recognised as leading law firms in South-east Asia

Azman bin Othman Luk featured in IFLR Asia Best Lawyers 2022 guide

Pauline Khor included in Asia IP’s Top 50 IP Experts in Malaysia list 2022

Kwong Chiew Ee recognised in Asian Legal Business 40 Under 40 list