Wrongful dismissal in Malaysia allows employees, particularly in the private sector, to challenge terminations made without just cause or excuse. Through the Industrial Relations Act 1967, employees may seek reinstatement or compensation, beginning with conciliation and potentially proceeding to the Industrial Court. Understanding the available remedies and procedures is essential for employees seeking redress after losing their employment.
The doctrine of privity of contract limits enforcement of contractual rights and obligations to the parties involved. Recognised in English common law and applied in Malaysia, it prevents third parties from suing or being sued on a contract, subject to key exceptions such as trusts, agency, statutory provisions, assignment, and tortious interference.
Malaysia’s M&A landscape is governed by a robust framework including the Companies Act 2016, Capital Markets and Services Act 2007, and take-over regulations. These laws regulate corporate conduct, protect investors, and ensure transparency, particularly for public listed companies. Together with Bursa Malaysia’s listing requirements, they provide clear rules for fair and efficient merger and acquisition transactions.
Malaysia’s ESG framework is rapidly evolving, driven by regulatory guidance, climate policies, and global standards. Companies are expected to integrate sustainability into strategy, enhance transparency, and manage ESG risks effectively to remain competitive and deliver long-term value to stakeholders.
Summary judgment under Order 14 of the Rules of Court 2012 allows plaintiffs to obtain a quick judgement without trial where the defendant has no arguable defence. It is a powerful procedural tool designed to save time and costs, but is subject to strict requirements, limitations, and judicial discretion to ensure fairness for both parties.
Section 291(1) of the Companies Act 2016 allows members of a company to pass ordinary resolutions by written means if approved by a simple majority of those entitled to vote. Malaysian courts have clarified that “more than half” refers to a majority of voting rights, not headcount, reinforcing that shareholding—not number of members—determines control in written resolutions.
FIDIC contracts are internationally recognised standard form agreements used in construction and engineering projects. Published by the Fédération Internationale Des Ingénieurs-Conseils, they provide a structured framework for allocating risk, defining responsibilities, and managing disputes. Widely used in large-scale and cross-border projects, FIDIC contracts offer a practical and balanced starting point for project delivery.
Malaysia’s capital markets are regulated by key authorities that ensure transparency, stability, and investor protection. The Securities Commission Malaysia oversees the overall framework, while Bursa Malaysia acts as the frontline regulator and marketplace. Together, they maintain orderly market operations and support business growth by enforcing rules, promoting good governance, and fostering confidence among investors and market participants.
A commercial tenancy agreement contains key terms that can impact business operations. This guide highlights important clauses such as renewal rights, termination, maintenance, deposits, and renovations, helping tenants understand their obligations and avoid common pitfalls when leasing commercial property in Malaysia.
Patents protect inventions by granting exclusive rights to their owners. In Malaysia, patents are governed by the Patents Act 1983 and require novelty, inventiveness, and industrial applicability. This overview explains what can be patented, how to apply, the duration of protection, and how patent rights are enforced, helping innovators safeguard their creations effectively.
