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Malaysia Legal Questions answered by Lawyers

Browse our 25 legal questions in Malaysia and read the lawyer answers, or ask your own questions for free.

Can all condo unit buyers file a joint class action lawsuit against the developer for severe structural defects?: Over fifty owners in our newly completed residential complex have discovered severe water leakage and cracked walls that the developer refuses to properly rectify. We want to know how representative actions work under Malaysian court rules and whether we can pool our legal costs together. Do we need consent from... Read more →; Lawyer answer by Kevin Wu & Associates

Yes. Rules of Court 2012, O. 15 r. 12 lets one or more owners sue on behalf of all owners sharing the “same interest.” Consent from every buyer is not required, and absent owners are bound by the judgment. In...
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Can I bypass an AIAC arbitration clause in a commercial contract and file a lawsuit in Malaysian court instead?: My company signed a supply agreement with a local vendor in Kuala Lumpur that includes a mandatory arbitration clause under AIAC rules. The vendor breached the contract, causing RM 80,000 in losses, but initiating arbitration seems too expensive for this claim size. I want to know whether the Sessions Court... Read more →; Lawyer answer by Azmi & Associates

Assuming that there is indeed a valid agreement containing a mandatory arbitration clause and that the dispute falls within the scope of the said clause, the Malaysian courts will generally be inclined to grant a stay of proceedings in favour...
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berapakh kos anda minta untuk kes 39b?: kerana saya perlukan peguam untuk adik saya; Lawyer answer by Grace S. Nathan

Bagi kes di bawah Seksyen 39B, tiada kadar yuran standard yang dikenakan oleh semua peguam. Yuran guaman biasanya bergantung pada pengalaman dan senioriti peguam, tahap serta kualiti perkhidmatan yang diberikan, masa dan perhatian yang diperlukan, kerumitan kes, serta lokasi tangkapan...
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Malaysia Legal Articles

Browse our 46 legal articles in Malaysia with practical legal information.

Foreign Directors in Malaysia: Duties & Resident Director Rules: A foreign national can be a director of a Malaysian company. Nationality does not decide eligibility. Every private company still needs at least one director whose principal place of residence is in Malaysia. A foreign national can be that resident director if Malaysia is genuinely where they ordinarily live. A... Read more →
Setting Up an ESD Account for Foreign Workers in Malaysia: Company approval comes first: You cannot apply for foreign worker visas until your Malaysian corporate entity activates an account on the Expatriate Services Division (ESD) portal. Paid-up capital is non-negotiable: Capital requirements range from RM 250,000 for 100% Malaysian-owned companies up to RM 1,000,000 for foreign-owned retail or trade entities.... Read more →
Termination of Contract in Malaysia: Grounds & Notice: Before sending a termination notice, identify the right you are exercising. The main routes are an express contractual right, repudiatory breach or renunciation, late performance where time is essential, mutual agreement, and frustration. An express clause, such as termination for convenience or for a specified default, can let you end... Read more →

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