These are publications penned by our partners and lawyers focusing on their relevant areas of specialisation.
What's New
Rajah & Tann Asia Contributes the Malaysia Chapter of Balancing Organizational Accountability and Privacy Self-management in Asia-Pacific – A comparative analysis of legal bases for processing of personal data across data protection laws in Asia-Pacific
Rajah & Tann Asia has contributed the Malaysia chapter of the report titled "Balancing Organizational Accountability and Privacy Self-management in Asia-Pacific – A comparative analysis of legal bases for processing of personal data across data protection laws in Asia-Pacific" jointly published by the Asian Business Law Institute ("ABLI") and The Future of Privacy Forum ("FPF"). Many jurisdictions in the Asia-Pacific region are currently at a critical stage in the development of their respective personal data protection frameworks even as they face challenges arising from divergence of laws, regulations and other frameworks across the region. The report compares the legal bases for processing personal data in the data protection laws and regulations of 14 jurisdictions in Asia-Pacific, including Australia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Philippines, Singapore, Thailand and Vietnam. Despite the differences in the regulatory structures and underlying rationale of each jurisdiction's data protection framework, the report identifies common threads and connecting points between these frameworks and offers policy recommendations to increase their interoperability.
Deepak Pillai from Christopher & Lee Ong authored the Malaysia chapter. Rajah & Tann Asia is one of the Founding Partners of ABLI, a Singapore-based permanent think tank that initiates, conducts and facilitates research with a view to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business law. FPF is a global non-profit organisation that brings together academics, civil society, government officials, and industry to evaluate the societal, policy and legal implications of data use, identify the risks, and develop appropriate actions. FPF has offices in Washington D.C., Brussels, Singapore, and Tel Aviv.
The full report can be read here.
Construction Arbitration in Malaysia – Rajah & Tann Contributes to GAR Know How
Rajah & Tann Asia has contributed the Malaysia chapter to the Global Arbitration Review ("GAR") series on Construction Arbitration. Launched in 2006, GAR is the leading resource on international arbitration news and community intelligence.
Authored by Avinash Pradhan (Deputy Head, International Arbitration, Rajah & Tann Singapore; Partner, Christopher & Lee Ong), the Malaysia chapter covers 57 questions across 34 topics. Among others, these topics include:
- Contract formation – What are the requirements for a construction contract to be formed?
- Choice of laws, seat, arbitrator and language – Are there limitations on these choices?
- Courts and arbitral tribunals – If a contractor wishes to arbitrate pursuant to an arbitration agreement, what parallel proceedings might the employer bring?
- Subcontractors – May an employer hold its contractor to their arbitration agreement if their dispute concerns a subcontractor?
- Suspension – What rights does the employer have to suspend paying the contractor?
- Termination – What termination rights exist, and are there limitations on such rights?
The full chapter may be accessed here or compared with 20 other jurisdictions here. For more information on our International Arbitration Practice, please click here.
Visit Arbitration Asia for insights from our thought leaders across Asia concerning arbitration and other alternative dispute resolution mechanisms, ranging from legal and case law developments to market updates and many more.
Christopher & Lee Ong Shares Insights with LawNet Asian Insights: "The Changing Face of Malaysia’s Employment Practices in the Endemic World"
Rubini Murugesan and Kelvin Kho, Partners of Christopher & Lee Ong spoke to Singapore Academy of Law (SAL) about what organisations should be aware of in so far as employment practices post-pandemic are concerned. Their views are set out in an article titled "The Changing Face of Malaysia’s Employment Practices in the Endemic World" published on LawNet Asian Insights, an online research platform comprising practical, business-focused updates and analyses on legal developments in Asia.
This article explores the issues which in-house counsel should take note of to assist their organisations in terms of creating and adopting new employment policies in post-pandemic Malaysia.
The article is first published on LawNet Asian Insights, an online regional legal resource compiled and managed by the Singapore Academy of Law. Please click here to access the article (available to LawNet’s subscribers).
Christopher Lee & Ong Contributes to India Business Law Journal: “MICECA – Key to Expanding India-Malaysia economic and trade ties”
Rajah & Tann Asia’s member firm, Christopher & Lee Ong, recently contributed an article titled “MICECA – Key to expanding India-Malaysia economic and trade ties” to the India Business Law Journal, a leading legal magazine in the region.
More than a decade ago, India and Malaysia signed a landmark free-trade agreement, the Malaysia-India Comprehensive Economic Co-operation Agreement (“MICECA”). The MICECA, which came into force in July 2011, sought to boost trade and investment between the two nations by liberalising trade restrictions and installing a competitive investment regime to promote foreign investment.
In this article, Partners John Rolan and Lim Siaw Wan, alongside pupil Loh Yan Shuang, explore how MICECA continues to play a significant part in fostering India-Malaysia bilateral relations and in expanding the economic and trade ties of these two nations.
To read the article, please click here.
Find out more about our South Asia Desk here.
Oil Regulations in Malaysia
Compliance with legal and regulatory requirements is critical for any business, and even more so for those with inherently high financial and reputational risks, such as the oil industry. This guide has been compiled to assist readers with an interest to navigate the regulatory requirements of the oil sector in Malaysia. It provides an overview of the Malaysian oil industry, policies and key regulations affecting the upstream and downstream sectors of the oil industry.
In this guide, we also explore specific issues in the upstream sector including, amongst others, petroleum sharing contracts, cost recovery, the decommissioning framework and foreign investment restrictions or requirements. It also covers other ancillary areas which are significant to businesses in the oil sector, such as health, safety and environment requirements, labour laws, commodities price control, taxation and enforcement of foreign arbitral awards.
This publication is up to date as of June 2020.
Doing Business in Malaysia 2020
Considered as one of the larger economies of Southeast Asia, Malaysia is seen as an attractive regional hub for many multinational conglomerates from across the globe. Its strong advantages include a competitive corporate tax rate and strategic trade and business alliances with other jurisdictions. Malaysia offers attractive incentives and packages for foreign direct investments, and continues to attract much interest across the globe due to its economic growth and potential.
Prepared by Christopher & Lee Ong, a member firm of Rajah & Tann Asia, this guide aims to provide an overview of the legal requirements in establishing a business presence in Malaysia, including topics on foreign investment and local equity participation, investment incentives, compliance with regulatory requirements, and sectoral overviews. The laws referred to in this publication are stated as at 30 June 2020.
Guide to Takeovers in Malaysia 2020
This guide, authored by Christopher & Lee Ong, outlines the laws and regulations, as well as key issues that businesses need to take note of, with respect to takeovers in Malaysia. The laws referred to in this publication is correctly stated as at 10 July 2020.
GAR Know How Construction Arbitration 2019 - Malaysia
Avinash Pradhan from Christopher & Lee Ong contributed the Malaysia chapter of the Global Arbitration Review (“GAR”) Know How Construction Arbitration 2019. GAR know-how provides reliable cross-jurisdictional insight to help cement the building blocks of international practice in construction arbitration.
Click on the title for the extract from GAR’s Construction Arbitration Know-how, first published in July 2019. The whole publication is available at https://globalarbitrationreview.com/know-how/topics/1000458/construction-arbitration-
The International Comparative Legal Guide (ICLG) to: Cybersecurity 2019
The publication covers common issues in cybersecurity laws and regulations, including criminal activity, applicable laws, specific sectors, corporate governance, litigation, insurance, employees, and investigatory and police powers – in 32 jurisdictions. The Malaysia chapter was contributed by Partner Deepak Pillai, and Senior Associate Yong Shih Han, both from the Technology, Media & Telecommunications practice group of the firm. The publication was first published on 16 October 2018. Published by, and reproduced with permission from, Global Legal Group Ltd, London.
GAR’s Construction Arbitration Know-How – Malaysia
Global Arbitration Review (“GAR”) know-how provides reliable cross-jurisdictional insight to help cement the building blocks of international practice in construction law. The Malaysia chapter of the publication was authored by Avinash Pradhan. First published in July 2018. The whole publication is available at https://globalarbitrationreview.com/know-how/topics/1000341/construction-arbitration-
The International Arbitration Review (Ninth Edition)
The publication provides an update on recent developments in international arbitration. The Malaysia chapter was contributed by Partner Avinash Pradhan. The article was first published in July 2018. Reproduced with permission from Law Business Research Ltd.
International Comparative Legal Guide to: Cybersecurity 2018
This publication provides a practical cross-border insight into cybersecurity work. The Malaysia chapter was contributed by Deepak Pillai. Published by,and reproduced with kind permission from, Global Legal Group Ltd, London.
The Development of Technology and cyber laws in Malaysia
This article was authored by Deepak Pillai. It was first published in the August 2017 edition of the Asian Legal Business (legalbusinessonline.com).
International Arbitration Review (8th edition)
The publication provides an update in the international arbitration space in various jurisdictions. The Malaysia chapter was contributed by Partner Avinash Pradham. Published by The Law Reviews, August 2017. Copyright © Law Business Research.
GAR's The Asia-Pacific Arbitration Review 2018
Global Arbitration Review’s ("GAR's") The Asia-Pacific Arbitration Review 2018 is a guide to arbitration with insights from practitioners across 11 jurisdictions in the region. The Malaysia chapter was contributed by Head of Rajah & Tann Singapore’s International Arbitration Practice Andre Yeap, SC and Avinash Pradham, who is also a Partner of Christopher & Lee Ong. Published on 23 May 2017. Copyright © Law Business Research.
Global Legal Insights to: Banking Regulation 2017
This publication covers key banking regulation topics including local banking regulations, bank capital requirements, governance and internal controls in participating jurisdictions. The Malaysia chapter was contributed by Partner Fiona Sequerah and Associate Evelyn Ch'ng. Copyright 2017 © Global Legal Group.
Guide to Takeovers in Malaysia
This guide, authored by Christopher & Lee Ong, outlines the laws and regulations, as well as key issues that businesses need to take note of with respect takeovers in Malaysia. The law referred to in this publication is correctly stated as at 1 December 2016.
Getting the Deal Through: Oil Regulation 2016
The Malaysia chapter was contributed by Christopher Lee and Loy Ee Lin. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Oil Regulation 2016 (published in June 2016; contributing editors: Bob Palmer, CMS Cameron McKenna LLP). For more information, please visit www.gettingthedealthrough.com.