BENEFITS OF ARBITRATION

Arbitration is an alternate dispute resolution process to the usual process of the Courts. This avenue is usually resorted by parties when their contract provides for a pre-existing arbitration clause or where parties collectively agree to arbitrate their existing dispute before an arbitrator instead of a judge. The arbitration proceedings in Malaysia are usually administered…

APPLICABILITY AND BENEFITS OF CIPAA

Effective 14.04.2014, the Construction Industry Payment and Adjudication Act 2012 (CIPAA) came into force. The introduction of CIPAA provides an alternative and expeditious recourse to unpaid parties in the construction sector compared to the slower and costly processes of litigation or arbitration. The adjudication process is private and would usually take approximately 90-100 days from…

Malaysia’s New Patent Landscape: What Business Owners Need to Know Now

If your business relies on patents, a significant shift in Malaysia’s legal framework is now in effect as of 31 December 2025. The Patents (Amendment) Regulations 2025 introduce a new administrative system for challenging patents, altering the strategic landscape for both patent owners and their competitors. For business leaders, understanding this change is crucial for protecting…

The Business of Raya: Protecting Your Intellectual Property During the Festive Season

For businesses in Malaysia, Hari Raya Aidilfitri is more than a celebration; it is a major commercial event. From special product packaging and festive songs to limited-edition apparel and marketing campaigns, Hari Raya Aidilfitri represents a significant investment in creativity and branding. However, amidst the rush to capture the festive market, a critical question often…

Unleashed: Exploring the Rise of AI-Driven Crimes and Their Implications

A. Introduction Artificial Intelligence (AI) has rapidly transformed the digital landscape, enabling automation, data analysis, and user interaction on a scale never seen before. Yet, as technology advances, so do the methods of cybercriminals. The rise of AI-enabled and AI-assisted crimes represents a new frontier of digital threats—one that challenges not only cybersecurity experts but…

Types of Offences and Fines Imposed by Data Regulators in Malaysia

In March 2025, the Malaysian Personal Data Protection Commissioner (PDPC) issued a public list of data users and collectors penalised for non-compliance with the Personal Data Protection Act 2010 (PDPA) and the Personal Data Protection (Registration of Data Users) Regulations 2013. This highlights a growing trend: businesses in Malaysia face increasing scrutiny and hefty fines…

Legal Update: Proposed Regulation of Unsolicited Commercial Electronic Messages (UCEM)

On 13 August 2025, the Malaysian Communications and Multimedia Commission (“MCMC”) issued a Public Consultation Paper proposing a subsidiary legislation under the Communications and Multimedia Act 1998 (“CMA”). This follows the introduction of Section 233A via the Communications and Multimedia (Amendment) Act 2025. While Section 233A has been enacted, it is not yet in force….

Cybersecurity

Cyber Fraud, Scams & Phishing: Malaysia’s Response and the Legal Framework In today’s digital age, convenience comes with growing risks, particularly cyber fraud, scams, and phishing. These threats are no longer rare or isolated but are now common, sophisticated, and target individuals across all age groups. In Malaysia, such cybercrimes are escalating, making legal and…

Federal Court’s Reinstatement Order Reignites Debate on Fixed-Term Employment : A case study on Ooi Mei Chien v. Osram Opto Semiconductors Sdn Bhd & Ahmad Zahri bin Mirza Abdul Hamid v AIMS Cyberjaya Sdn Bhd [2020] 5 MLJ 58

In a bold and precedent-reaffirming decision on 17 June 2025 for the case of Ooi Mei Chien v. Osram Opto Semiconductors Sdn Bhd, the Federal Court of Malaysia ordered the reinstatement of a former senior executive, rejecting the notion that monetary compensation should be the default remedy even for high-ranking roles. The case made waves…