Legal Updates for September 2022

The Government of Malaysia Launches the National Energy Policy 2022 – 2040: What it Means for the Renewables Landscape

The National Energy Policy 2022 - 2040 ("NEP") was launched by the Prime Minister of Malaysia on 19 September 2022. The NEP details the government's priorities for the energy sector (encompassing electrical and thermal energy) for the coming two decades. It represents a concerted effort by the government in defining its approach for the energy sector with an aim of driving the country towards benefiting from and embracing the energy transition megatrend. The NEP covers all energy sources including both renewable and non-renewable sources, and also covers the use of energy across all sectors of the economy. 

In this Update, we set out below a summary of some of the targets, action plans and initiatives under the NEP, relating mainly to the areas of renewable and alternative energy, grid systems, mobility trends and greenhouse gas reporting.


Bills of Lading and the UCP 600

Letters of credit attempt to address a wariness in sellers and buyers of goods in international sales. That wariness may be captured as follows: Sellers are circumspect of shipping to buyers they do not know, in some far-off country, who might never make payment. Buyers, on the other hand, are wary of paying for goods that might never arrive.

To address that wariness, banks – using letters of credit – have placed themselves as intermediaries between sellers and buyers. Thus, sellers can look to a bank for payment, provided that the documents evidencing the sale are in order. Therefore, sellers need not worry about the financial standing of an unknown buyer. Buyers, on the other hand, have the satisfaction of knowing that payment will be made only once the goods are in the hands of a carrier for transportation to the buyer.

It is estimated that up to 15% of all international trade today, totalling over US$1 trillion per year, is financed by letters of credit. It is further estimated that almost all these credits are subject to the Uniform Customs and Practice for Documentary Credits (UCP).

This Update will examine the relationship between the holy trinity of commercial trade: the sale contract, the carriage contract and the financing arrangements. This examination will be done in the context of a recent judgment of Malaysia’s apex court, Malayan Banking Berhad v Punjab National Bank [2022] 4 MLJ 758 (Federal Court).