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Issue #6/2021 11 February 2021

New This Week Case(s) of the Week TAN KEEN KEONG v. TAN ENG HONG PAPER & STATIONERY SDN BHD & ORS AND OTHER APPEALS [2021] 2 CLJ 318 DATO' DR MOHAMAD RAMEEZ YAHAYA v. LEMBAGA TATATERTIB PERKHIDMATAN AWAM KUMPULAN PENGURUSAN (NO 1) & ANOR [2021] 2 CLJ 151 Appeal Updates Appeal Updates Latest Cases Legal Network Series CLJ 2021 Volume 2 (Part 2) CLJ 2021 Volume 2 (Part 3) Articles LNS Article(s) Legislation Highlights Principal Acts Amending Acts PU(A) PU(B) Legislation Alert

TAN KEEN KEONG v.
TAN ENG HONG PAPER & STATIONERY SDN BHD & ORS AND OTHER APPEALS [2021] 2 CLJ 318
FEDERAL COURT, PUTRAJAYA
TENGKU MAIMUN TUAN MAT CJ; AZAHAR MOHAMED CJ (MALAYA); ZALEHA YUSOF FCJ;
ZABARIAH MOHD YUSOF FCJ; MARY LIM FCJ
[CIVIL APPEALS NO: 02(f)-5-02-2017(P), 02(f)-6-02-2017(P), 02(f)-12-02-2017(P),
02(f)-13-02-2017(P) & 02(f)-14-02-2017(P)]
17 DECEMBER 2020

COMPANY LAW: Winding-up - Just and equitable ground - Whether affairs of companies conducted in unfair, unjust and inequitable manner - Whether non-compliance or breach of specific statutes by directors should be regularised by provisions of statutes - Whether alleged contraventions of law must be examined against their specific intent and in context of s. 218 of Companies Act 1965 - Whether violations of directors personally could be ascribed to companies

COMPANY LAW: Winding-up - Petition - Grounds of - Whether just and equitable to wind up companies - Allegation of illegality pertaining to 'family fund and under counter-activities' - Whether grievances of shareholder or contributory of company or of unhappy family member - Channelling of funds from company - Whether a tax evasion issue - Whether petitioner's real objective consistent with grounds relied on - Whether winding-up order the proper remedy - Whether winding-up order would cause irreparable damage to interests of other innocent shareholders and creditors - Companies Act 1965, s. 218(1)(i)

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DATO' DR MOHAMAD RAMEEZ YAHAYA v.
LEMBAGA TATATERTIB PERKHIDMATAN AWAM KUMPULAN PENGURUSAN (NO 1) & ANOR [2021] 2 CLJ 151
COURT OF APPEAL, PUTRAJAYA
BADARIAH SAHAMID JCA; SURAYA OTHMAN JCA; LAU BEE LAN JCA
[CIVIL APPEAL NO: W-01(A)-275-05-2019]
11 AUGUST 2020

ADMINISTRATIVE LAW: Judicial review - Certiorari - Public service - Application to quash decisions of Disciplinary Board ('DB') and/or Disciplinary Appeal Board ('DAB') - Public officer charged and found guilty of misconduct - DB pronounced punishment of reduction of three salary scales for period of 36 months ('first decision') - Public officer appealed to DAB against first decision - DAB remitted matter back to DB for re-consideration without setting aside first decision - DB re-pronounced same punishment and decision affirmed by DAB - Whether first punishment remained in force and still subsisted - Whether failure of DAB to set aside first punishment amounted to procedural impropriety - Whether procedural impropriety tainted proceedings of misconduct - Whether caused prejudice to public officer - Whether decisions of DB and/or DAB ought to be quashed - Rules of Court 2012, O. 53

ADMINISTRATIVE LAW: Public officer - Disciplinary proceedings - Application for judicial review by public officer to quash decisions of Disciplinary Board ('DB') and/or Disciplinary Appeal Board ('DAB') - Public officer charged and found guilty of misconduct - Disciplinary Board ('DB') pronounced punishment of reduction of three salary scales for period of 36 months ('first decision') - Public officer appealed to Disciplinary Appeal Board ('DAB') against first decision - DAB remitted matter back to DB for re-consideration without setting aside first decision - DB re-pronounced same punishment and decision affirmed by DAB - Two proceedings by DB on same charge - Effective date of punishment not stated - Whether there was certainty in effective date of implementation and duration of punishment - Whether prejudicial to public officer considering severity of punishment - Whether decisions tainted with procedural impropriety - Whether decisions of DB and/or DAB ought to be quashed - Rules of Court 2012, O. 53

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1. Majlis Peguam Malaysia v. Lim Yin Yin [2018] 1 LNS 2003 (CA) overruling the High Court case of Lim Yin Yin v. Majlis Peguam Malaysia [2017] 1 LNS 1263

2. PP lwn. Davood Nikzadeh Karim & Satu Lagi [2018] 1 LNS 2166 (CA) mengesahkan kes Mahkamah Tinggi PP lwn. Davood Nikzadeh Karim & Anor [2016] 1 LNS 972

Legal Network Series

[2019] 1 LNS 30	FOO YOON FAH lwn. PP Hukuman penjara maksima selama 7 tahun bagi kesalahan mentadbir dadah berbahaya ke dalam diri sendiri adalah berpatutan dan dapat memberi pengajaran kepada pesalah tegar. Kesusahan diri pesalah bukan merupakan faktor untuk dipertimbangkan dalam mengurangkan hukuman. PROSEDUR JENAYAH: Rayuan - Rayuan terhadap hukuman - Hukuman 7 tahun penjara bagi kesalahan mentadbir dadah berbahaya ke dalam diri sendiri - Hukuman maksima - Pesalah tegar - Kewujudan kesalahan lampau - Sama ada hukuman yang dijatuhkan adalah berpatutan - Sama ada hukuman berbentuk pengajaran wajar dijatuhkan - Sama ada kesusahan diri pesalah adalah faktor mitigasi yang perlu dipertimbangkan Bagi pihak perayu - Tidak Diwakili Bagi pihak responden - Zabidah Ahmad, Timbalan Pendakwa Raya; Pejabat Penasihat Undang-Undang Negeri Kedah
[2019] 1 LNS 167	MOHD SUPIAN MAT SAAD lwn. PP 1. Kegagalan pihak pendakwaan mengemukakan barang kes yang dirompak dan senjata pisau ketika perbicaraan yang melibatkan jenayah rompakan bersenjata tidak akan memudaratkan kes pendakwaan. Tertuduh tidak akan dibebaskan daripada pertuduhan semata-mata kerana ketiadaan barang kes dan kegagalan mengecam barang kes. 2. Laporan maklumat pertama tidak menghendaki suatu pembuktian yang lengkap. Ketinggalan saksi pendakwaan untuk menamakan tertuduh di dalam laporan maklumat pertama tidak akan mencacatkan kes pendakwaan. PROSEDUR JENAYAH: Pendakwaan - Kes pendakwaan - Jenayah rompakan bersenjata - Kegagalan mengemukakan barang kes yang dirompak dan senjata pisau semasa perbicaraan - Tertuduh ditangkap beberapa hari selepas kejadian - Sama ada ketiadaan barang kes dan kegagalan mengecam barang kes telah memudaratkan kes pendakwaaan - Sama ada tertuduh wajar dibebaskan PROSEDUR JENAYAH: Pendakwaan - Kes pendakwaan - Kesalahan rompakan bersenjata - Ketinggalan saksi pendakwaan untuk menamakan tertuduh di dalam laporan maklumat pertama - Sama ada laporan maklumat pertama menghendaki suatu pembuktian yang lengkap - Sama ada kegagalan menamakan tertuduh di dalam laporan maklumat pertama telah mencacatkan kes pendakwaan - Kanun Tatacara Jenayah, s. 107 PROSEDUR JENAYAH: Pembelaan - Penafian - Tertuduh memberikan dua versi yang berbeza - Sama ada pembelaan tertuduh yang berubah-ubah menyebabkan keterangannya sukar dipercayai PROSEDUR JENAYAH: Hukuman - Kesalahan rompakan bersenjata - Pesalah tegar - Kewujudan rekod kesalahan lampau - Sama ada hukuman yang lebih berat wajar dijatuhkan KETERANGAN: Pengecaman - Pengecaman di dalam kandang pesalah - Saksi-saksi berpeluang melihat wajah tertuduh dengan jelas ketika kejadian - Sama ada pengecaman di dalam kandang pesalah adalah keterangan substantif Bagi pihak perayu - Siti Nuraini Yakub; T/n Jasmadi, Azhan & Azwani Bagi pihak responden - Siti Hajar Mustaffa, Timbalan Pendakwa Raya
[2019] 1 LNS 359	MUHAMMAD FITRI HASSAN lwn. PP Reaksi tertuduh yang berada dalam keadaan biasa dan tergamam apabila dadah dijumpai berdekatan tertuduh ketika serbuan membangkitkan inferen berkenaan milikan dan pengetahuan dadah. Hakim bicara boleh bergantung kepada reaksi tertuduh tersebut yang tidak dicabar bersama-sama fakta dan keadaan yang lain untuk membuat dapatan fakta bahawa tertuduh mempunyai milikan dan pengetahuan berkenaan dadah. PROSEDUR JENAYAH: Rayuan - Rayuan terhadap sabitan dan hukuman - Pertuduhan pengedaran dadah berbahaya - Dakwaan bahawa hakim bicara telah bersandar kepada reaksi tertuduh yang tergamam dan berada dalam keadaan biasa untuk membuktikan milikan dan pengetahuan - Sama ada hakim bicara telah bersandar secara berlebihan terhadap reaksi tertuduh untuk membuktikan elemen milikan dan pengetahuan - Sama ada sabitan dan hukuman ke atas tertuduh adalah selamat KETERANGAN: Inferen - Kelakuan - Pertuduhan pengedaran dadah berbahaya - Pembuktian milikan dan pengetahuan - Tertuduh berada dalam keadaan biasa dan tergamam ketika dadah ditemui berdekatan tertuduh - Pembelaan tidak mencabar reaksi tertuduh - Sama ada reaksi tertuduh boleh membuktikan milikan dan pengetahuan berkenaan dadah - Akta Keterangan 1950, ss 8 & 9 Bagi pihak perayu - Mohd Hisham Mohd Nazir & Muhammad Ilyasa Iqbal Abu Bakar; T/n Hisham Nazir & Co Bagi pihak responden - Wong Poi Yoke, Timbalan Pendakwa Raya; Bahagian Rayuan dan Perbicaraan, Jabatan Peguam Negara
[2019] 1 LNS 1555	PP v. ARIS MOHD NOR The sentence passed by a trial judge may be considered inadequate when it fails to follow the prevailing trend of sentencing and undue weight is given to the personal interest of the accused over public interest. CRIMINAL PROCEDURE: Appeal - Appeal against sentence - Appeal by prosecution - Accused was sentence to 6 years of imprisonment and 10 strokes of whipping for possession of dangerous drugs - Possession of Cannabis weighing 219 g - Accused pleaded guilty - Whether trial judge had given undue weight to mitigating factors - Whether sentence passed was based on prevailing trend of sentencing - Whether sentence passed by trial judge was adequate - Whether undue weight was given to personal interest of accused over public interest For the appellant - Muhammad Azmi Mashud; Deputy Public Prosecutor For the respondent - Sutheswary Perumalu; M/s Suthes & Associates
[2019] 1 LNS 1556	AMITABHA GUHA (sebagai wasi bagi harta pusaka MADHABENDRA MOHAN GUHA) & ANOR v. PENTADBIR TANAH DAERAH HULU LANGAT 1. Sale comparable or acquisition comparable, if suitable, can be used in determining the market value of scheduled land. However, comparable sales in the vicinity of the scheduled land is an important component to be considered in assessing the market value of the acquired land. 2. A mere mistake on the part of the judge in describing the category of use of land as 'general' instead of 'business building' had no negative consequences on his assessment of the market value of the scheduled land. LAND LAW: Acquisition of Land - Compensation - Methods of valuation - Determination of market value - Whether sale comparable and acquisition comparable could be used as suitable method of valuation - Whether judge had adopted most suitable sale comparable in determining market value - Whether comparable sales in vicinity of scheduled land is an important component to be considered in assessing market value of acquired land - Land Acquisition Act 1960, First Schedule para 1(1A) LAND LAW: Acquisition of Land - Compensation - Assessment of market value - Existence of mistake on category of use of land - Judge erred in describing scheduled land as 'general' when actual category of land use was 'building' with express condition 'business building' - Both private and government assessors described category of land as 'business/building' - Whether mistake on part of judge has any negative effect on his assessment of market value WORDS AND PHRASES: 'taking possession of land' - Section 48 Land Acquisition Act 1960 - Whether means actual physical possession of land - Whether only land administrator is an authorized body to take possession of scheduled land - Whether land administrator takes possession of land only after due process of inquiry and upon conclusion of inquiry STATUTORY INTERPRETATION: Land Acquisition (Amending) Act 2016 - Section 43 - Whether provisions of Land Acquisition (Amendment) Act 2016 apply to land reference proceedings which arose from objection under s. 37(1) of Land Acquisition Act 1960 For the appellants - Ambiga Sreenevasan, Shireen Selvaratnam, Heng Yee Keat & Limm Wei Jie; Christopher & Lee Ong For the respondents - Siti Fatimah Talib (ALA) & Etty Eliany Tesno (ALA)

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CLJ 2021 Volume 2 (Part 2)

In disciplinary proceedings following the misconduct of a public officer, public bodies, namely, the Disciplinary Board ('DB') and Disciplinary Appeal Board ('DAB'), have a duty to act fairly in substance and procedure. Failure to set aside the decision pertaining to punishment while the charge is being reconsidered will result in the punishment remaining in force and still subsisting, thus, it amounts to a procedural impropriety that is highly prejudicial to the public officer. The charge must also clearly spell out an effective date of punishment, especially in matters that have been subjected to appeal(s) and re-consideration and where the punishment meted out is severe, so as to avoid confusion and, as in this case, where the public officer was punished twice for the same charge which was wrongful.
Dato' Dr Mohamad Rameez Yahaya v. Lembaga Tatatertib Perkhidmatan Awam Kumpulan Pengurusan (No 1) & Anor [2021] 2 CLJ 151 [CA]

• SUBJECT
• CORAM
• COUNSEL

The arbitrator, in delivering the arbitration award beyond the time frame stipulated, in breach of rules of arbitration, and where there was no extension of time sought, had acted without mandate and therefore, in excess of jurisdiction warranting the award to be set aside pursuant to s. 37(1)(a)(vi) of the Arbitration Act 2005.
Ken Grouting Sdn Bhd v. RKT Nusantara Sdn Bhd & Another Appeal [2021] 2 CLJ 173 [CA]

• SUBJECT
• CORAM
• COUNSEL

(i) Appeals of the Public Prosecutor arising from decisions of the Magistrate's Court in criminal matters that come before the Court of Appeal, must necessarily be confined to issues of law only. Section 50(2) of the Courts of Judicature Act 1964 ('CJA') provide that two prerequisites apply to all appellants, namely that (i) prior leave must be obtained from the Court of Appeal; and (ii) the appeal must be confined to questions of law. Section 50(3) of the CJA, which uses the word 'notwithstanding' when referring to the prerequisite of obtaining prior leave, does not say that s. 50(2) of the CJA has no application at all to the appeal of the Public Prosecutor. 

(ii)  Regardless of whether the appeal of the Public Prosecutor is confined to questions of law only, there is no requirement to state questions of law in the notice of appeal filed by the Public Prosecutor. In fact, an aggrieved person is not obligated to state his questions of law in the notice of appeal either.
PP v. Rahmat Ghazali & Another Appeal [2021] 2 CLJ 207 [CA]

• SUBJECT
• CORAM
• COUNSEL

Bursa Malaysia Securities Berhad ('Bursa'), a stock exchange licensed under the Capital Markets and Services Act 2007 ('CMSA 2007'), derives its statutory duty under s. 11 of the CMSA 2007 to ensure a fair and orderly market for the securities traded through its facilities. The decision by Bursa to impose fines on the regulated persons for breach of its ACE Listing Requirements is centred on public law rights. Hence, the proper course of action would be by way of judicial review proceedings under O. 53 of the Rules of Court 2012 and not by way of writ and statement of claim.
Ahmad Amryn Abd Malek & Ors v. Bursa Malaysia Securities Bhd [2021] 2 CLJ 222 [HC]

• SUBJECT
• CORAM
• COUNSEL

A charge for criminal breach of trust must specify the particular direction or law or contract that has been breached. Particularisation, as required under s. 154 of the Criminal Procedure Code ('CPC'), gives notice to the accused person for him to know exactly what he is answering to and enables him to prepare his defence. Charges that do not comply with s. 154 of the CPC are defective and are not curable under s. 156 and/or 158 and/or 422 of the CPC if the objection had been raised before the commencement of the trial. The statutory mechanism of s. 156 of the CPC, if used to cure proceedings which are defective ab initio and violates the constitutional rights of an accused, is an abuse of process.
Anuar Ghazali v. PP [2021] 2 CLJ 245 [HC]

• SUBJECT
• CORAM
• COUNSEL

The court looks at the intention of the parties, as captured in the contract that they have entered, in determining whether a contract gives rise to a joint and several or joint obligations. If it is crystal-clear that the parties had intended for the obligations to be joint and several, notwithstanding that the judgment is silent as to whether the obligations for the judgment sum were joint and several or joint only, the creditor's rights against the obligors are on a joint and several basis as provided for in the contract.
Herukh Thakurdas Jethwani & Anor v. Bank Simpanan Nasional [2021] 2 CLJ 291 [HC]

• SUBJECT
• CORAM
• COUNSEL

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CLJ 2021 Volume 2 (Part 3)

A solicitor is not entitled to seek an order of taxation upon failure to fulfil the requirements of delivering a bill of costs and no reasons are provided for such failure and, where more than six years had lapsed since the completion of the work, as the limitation period of six years applies to any action by an advocate and solicitor to recover costs due for any business done by him under the Legal Profession Act 1976.
Lim Kien Seng & Anor v. Manoharan Kandasamy [2021] 2 CLJ 307 [FC]

• SUBJECT
• CORAM
• COUNSEL

In an order for the winding-up of a solvent company by the court in the purported exercise of its discretion under the 'just and equitable' ground in s. 218(1)(i) of the Companies Act 1965, based on illegality or contravention of law, the particular legislation must always be carefully examined against the specific intent and its context, before any final pronouncement is made. Winding up should only be granted where the cessation of illegality complained of can only be achieved by the dissolution of the company.
Tan Keen Keong v. Tan Eng Hong Paper & Stationery Sdn Bhd & Ors And Other Appeals [2021] 2 CLJ 318 [FC]

• SUBJECT
• CORAM
• COUNSEL

A company director is in a fiduciary relationship with his company and has a duty to avoid conflicts of interest; he must at all material times exercise his powers bona fide and in the best interests of the company as a whole. The essence of the fiduciary duty is a duty to act bona fide at all times in the interests of the company and not for a collateral purpose. The failure to do so is a blatant breach of fiduciary duty, especially when one has signed a Confidentiality Agreement and a Conflict of Interest Agreement, which should not be read in isolation but together with the terms of employment and any other contemporaneous documents relating to one's employment.
Acumen Scientific Sdn Bhd v. Yeow Liang Ming [2021] 2 CLJ 369 [CA]

• SUBJECT
• CORAM
• COUNSEL

The offence against accused person, having originally found guilty under s. 377E of the Penal Code, was subsequently amended to s. 354 of the Penal Code; the act performed by the accused person against the victim was short of rape or sodomy and did not amount to gross indecency; the act fulfilled the requirements for the offence of outraging of modesty.
PP v. Kamarul Azamin Mohamad & Another Appeal [2021] 2 CLJ 386 [HC]

• SUBJECT
• CORAM
• COUNSEL

It is an abuse of court process to dress up a claim for oppression, pursuant to s. 346 of the Companies Act 2016 ('Act'), as a claim for debt recovery. 'Debenture', for the purpose of the Act (unless the context otherwise requires), means debt or financial instruments issued for fundraising or arising from instruments or transactions effected in the money market. If the court were to find that bank or lenders have the locus standi to commence an action under s. 346 of the Act, it would open the floodgates for banks or lenders who have obtained debentures as a form of security, to mount an action under s. 346 to recover the outstanding debts from the shareholders and/or directors of the subject company personally when faced with perceived difficulties or the possibility of a shortfall in the recovery of their loans. This would open the floodgates to permit creditors of the company to file oppression actions as a means of recovering their debts.
The Bank Of Nova Scotia Bhd & Anor v. Lion DRI Sdn Bhd & Ors [2021] 2 CLJ 400 [HC]

• SUBJECT
• CORAM
• COUNSEL

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LNS Article(s)

1. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) - DEFINING THE MARITIME BOUNDARIES AND ALTERNATIVE RESOLUTIONS AVAILABLE ^{[Read excerpt]}
   by MOHD TAUFIK BIN MOHD@MOHD YUSOFF* [2021] 1 LNS(A) xviii

[2021] 1 LNS(A) xviii

INTERNATIONAL

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UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) -
DEFINING THE MARITIME BOUNDARIES AND ALTERNATIVE RESOLUTIONS AVAILABLE

by
MOHD TAUFIK BIN MOHD@MOHD YUSOFF*

A. INTRODUCTION

[1] The United Nations Convention on the Law of the Sea (“the Convention”) is an international instrument that is imperative in order to establish the stability and peaceful use of seas and oceans among the nations throughout the world. Every nation shall not be allowed to arbitrarily establish their own national law in order to determine their own maritime boundaries. Otherwise, we have to go back to antiquity where the Emperor was ‘Lord of the whole world’ and the Persian King , Cyrus, claimed dominion over all the seas, the theory of legal dominion over the seas as advocated by an English jurist known as John Selden.^[1] The Convention was established for global cooperation as the problems regarding ocean space are closely interrelated and need to be considered as a whole.^[2]

. . .

* The author is currently serving as Sessions Court Judge in Miri and was the Unit Head of Border, Territorial and Maritime Matters in the Attorney General's Chambers, Malaysia.

2. CASE LAW DEVELOPMENT FOR REFUGEES IN MALAYSIA ^{[Read excerpt]}
   by Parvinder Kaur Harbindar Singh* Harneshpal Karamjit Singh** [2021] 1 LNS(A) xix

[2021] 1 LNS(A) xix

MALAYSIA

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CASE LAW DEVELOPMENT FOR REFUGEES IN MALAYSIA

by
Parvinder Kaur Harbindar Singh*
Harneshpal Karamjit Singh**

Introduction

During the Movement Control Order ("MCO") that is still ongoing until 9th June 2020, the refugee issue was once again brought to the public eye. The Minister of Home Affairs, Datuk Seri Hamzah Zainuddin, was reported stating that all groups of refugees in Malaysia are not recognized by the Malaysian Government notwithstanding that they may possess a United Nations High Commission for Refugees ("UNHCR") card ("UNHCR card").^[1] He went on to say that, put simply, they will be recognized as illegal immigrants.^[2]

Such classification of refugees runs contrary to the 1951 United Nations Convention Relating to the Status of Refugees (“1951 Convention”) and 1967 Protocol Relating to the Status of Refugees (“1967 Protocol”). Article 1(2) of the 1951 Convention defined a refugee as follows:

. . .

* Parvinder Kaur Harbindar Singh, LL.B. (Aberystwyth University), CLP, Advocate and Solicitor of the High Court of Malaya.

** Harneshpal Karamjit Singh, LL.B. (Cardiff University), Barrister-at-Law (The Honourable Society of Lincoln's Inn), LL.M. in Corporate Governance, (University of Manchester) and Diploma in International Arbitration (Chartered Institute of Arbitrators); and Member of the Chartered Institute of Arbitrators. He was admitted to the High Court of Malaya after completing his pupillage at Messrs Shook Lin & Bok. He is co-Managing Partner at Messrs Lui & Bhullar.

3. COVID-19 PANDEMIC: A CHALLENGE TO PRISON OVERPOPULATION ^{[Read excerpt]}
   by Che Audah Hassan* Fauziah Hani Ahmad Fuzi** Azlina Mohd Hussain*** [2021] 1 LNS(A) xx

[2021] 1 LNS(A) xx

MALAYSIA

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COVID-19 PANDEMIC:
A CHALLENGE TO PRISON OVERPOPULATION

by
Che Audah Hassan*
Fauziah Hani Ahmad Fuzi**
Azlina Mohd Hussain***

Abstract

This article aims to review the problem of prison overpopulation in Malaysia, particularly during the Covid-19 pandemic, and the possibility of the community service sentence to reduce the problem of prison overpopulation in Malaysia. This study discusses the theories of punishment applicable under the sentence of community service in Malaysia for suitable offenders who are above 21 years of age.

Introduction

The occurrence of the Covid-19 pandemic outbreak has impacted the well-being of all levels of society. The government of Malaysia has taken measures to curb the spread of Covid-19 under the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) Order 2020 resulting in the issuing of regulations under the Movement Control Order and other Covid-19 regulations. The areas or districts which have a high volume of positive Covid-19 cases have been declared as red zones, including the Kepayan Prison in Sabah and the Tembok Prison in Kedah.

. . .

* LLB. Hons (IIUM), LL.M (UM), PhD (UiTM), (Senior lecturer at Faculty of Law (UiTM).

** LLB. Hons (IIUM), LLB.S (IIUM) LL.M (IIUM) PhD (IIUM), (Deputy Registrar of Federal Court).

*** LLB. Hons (IIUM), LL.M (UiTM) (Lecturer at Law Dept., Seremban Campus, UiTM).

4. CASE IN POINT: THE MALAYSIAN COURTS ON ARBITRATION IN 2020^{[1] [Read excerpt]}
   by Teh Wai Fung* Soh Zhen Ning** [2021] 1 LNS(A) xxi

[2021] 1 LNS(A) xxi

MALAYSIA

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CASE IN POINT:
THE MALAYSIAN COURTS ON ARBITRATION IN 2020^[1]

by
Teh Wai Fung*
Soh Zhen Ning**

2020 was the year that grew curiouser and curiouser, but one bastion of normalcy was the continued steady development of arbitration law in the Malaysian courts. Below, we spotlight four arbitration-related scenarios you may find yourself in, how the Malaysian courts dealt with each scenario, and how you should react to these developments in the law. We have framed our explanations based on questions we anticipate from clients, but we hope that the discussion will be of interest also to the wider legal and arbitral community. We also briefly acknowledge two judgments of the UK Supreme Court on international arbitration that may well go on to influence how the Malaysian courts approach similar issues.

. . .

*Associate, Lee Hishammuddin Allen & Gledhill; LLB (Hons) (Dunelm); Advocate and Solicitor of the High Court of Malaya; called to the Bar of England and Wales (twf@lh-ag.com).

** Associate, Lee Hishammuddin Allen & Gledhill; LLM (Cantab), LLB (Hons) (Liv); Advocate and Solicitor of the High Court of Malaya; called to the Bar of England and Wales (szn@lh-ag.com).

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