Malaysian Litigation Series - Commercial Conflict Of Laws In Malaysia (Pre-order)

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Malaysian Litigation Series - Commercial Conflict Of Laws In Malaysia (Pre-order) By Kwong Chiew Ee, Chai Phing Zhou, Daniel Chua Wei Chuen, Aravind Kumarr and Melvin Ng Yet Ting


Author

Kwong Chiew Ee, Chai Phing Zhou, Daniel Chua Wei Chuen, Aravind Kumarr and Melvin Ng Yet Ting

Publication Date Oct , 2022
ISBN 9789672723721
Format Hardcover + Ebook (490 pages)
Publisher Sweet & Maxwell

 

“The authors have skilfully drawn comparisons from conflict of laws decisions from other common law jurisdictions … I trust this book will be valuable to all members of the Malaysian legal profession as they navigate through the intricacies of commercial conflict of laws issues in the course of their work.”

From the Foreword by
Datuk Nallini Pathmanathan
Judge of the Federal Court 
About the Book  :
 
This book offers a reliable description of the development and use of Malaysia's business conflict of laws concepts. The authors examine private international law in commercial disputes in Malaysia through a structured evaluation of legislative provisions and judicial decisions, and they consider whether it complies with international standards and best practises as adopted in important common law jurisdictions like England and Wales, Singapore, and Hong Kong.
 
The consideration of the traditional elements of conflict of laws, namely jurisdiction, rules for choice of law, and the execution of foreign judgements, lays a solid basis. Next, the focus shifts to more specialised areas of conflict of laws, where separate chapters are devoted to a thorough analysis of corporate insolvency and reorganisation as well as international arbitration and e-commerce transactions. The book's professional treatment of these specialised issues undoubtedly adds a lot of value.
 
When judges, attorneys, and law students are faced with cross-border business conflicts that call for an analysis of Malaysia's conflict of laws principles, the book's domestic and comparative emphasis makes it an unrivalled resource. For scholars and researchers searching for an in-depth examination of the subject, this book also gives a thorough grasp of Malaysian conflict of laws.
 
Key Features  :
  • The only current Malaysian text on commercial conflict of laws, covering issues of jurisdictions, choice of law, and foreign judgments.
  • Instructive commentary on conflict of law issues in the context of commercial disputes by authors with wide experience in cross-border disputes.
  • Comparative study of recent reported cases on smart contracts and digital assets in commonwealth jurisdictions.
  • Up-to-date analysis on conflict of law issues in international arbitration.
  • Analysis and review on the intersections between conflict of laws and cross-border insolvency.
 

Table Of Contents  :

1. Preliminary Matters
2. Jurisdiction
3. Choice of Law – Contracts
4. Choice of Law – Non-Contractual Obligations and Property
5. Foreign Judgments
6. Conflict of Laws in Arbitrartion
7. Corporate Insolvency and Restructuring
8. E-Commerce Transactions


About the Authors

In 2012, Kwong Chiew Ee was admitted to the High Court of Malaya as an Advocate & Solicitor. She has a Master of Law from the London School of Economics and Political Science and a Bachelor of Laws (Hons) from the University of London. She holds Chartered Institute of Arbitrators Fellow status. Her primary professional areas include business and corporate disputes, bankruptcy and restructuring, and environmental, social, and governance (ESG). She teaches international dispute resolution as an adjunct professor at a university in Malaysia. She was included in the list of Malaysia's Rising Stars in Asian Legal Business for 2022.

In 2014, Chai Phing Zhou was admitted to the High Court of Malaya as an Advocate & Solicitor. He graduated from the University of London with a Bachelor of Laws (Hons). He received fellowship status from the Chartered Institute of Arbitrators in 2020 and is now appointed as an arbitrator by the Thailand Arbitration Centre. He has expertise in construction adjudication, corporate and commercial disputes, and international commercial arbitration.
 
Daniel Chua Wei Chuen is a registered foreign attorney in Singapore who was admitted as an Advocate & Solicitor of the High Court of Malaya in 2015 and as a Solicitor of the Senior Courts of England and Wales in 2019. He has a Master of Laws from University College London and a Bachelor of Laws with First Class Honors from the University of London. He holds Chartered Institute of Arbitrators Fellow status. International commercial arbitration and investment treaty arbitration are his primary practise areas. He teaches international conflict resolution and negotiation as an adjunct professor at a Malaysian institution.
 
In 2016, Aravind Kumarr was admitted to the High Court of Malaya as an Advocate & Solicitor. He graduated from the University of London with a Bachelor of Laws (Hons). Corporate and commercial disputes, insolvency issues, and commercial cross-border disputes are his core professional areas. Additionally, he has received recognition from The Legal 500 as a Recommended Lawyer in the Dispute Resolution area (Asia Pacific).
 

Melvin Ng Yet Ting was admitted as an Advocate & Solicitor of the High Court of Malaya in 2018 and as a Barrister-at-Law (Middle Temple) in 2017. He graduated from the University of London with a Bachelor of Laws (Hons). His primary professional areas are business and corporate issues, many of which frequently have international components.

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