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Malaysian Litigation Series - Commercial Conflict of Laws in Malaysia


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Malaysian Litigation Series - Commercial Conflict of Laws in Malaysia
Nov 2022
DUO (Hardback + ProView eBook), 490 pp

Print & Proview eBook

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(All prices are inclusive of GST where applicable)

“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 provides an authoritative account of the evolution and application of conflict of laws principles in Malaysia in commercial matters. Through a structured evaluation of legislative provisions and judicial decisions, the authors examine private international law in commercial disputes in Malaysia, and consider whether it conforms to international standards and best practices as adopted in major common law jurisdictions such as England and Wales, Singapore and Hong Kong.
A strong foundation is laid through the discussion on the traditional aspects of conflict of laws, namely jurisdiction, choice of law rules and the enforcement of foreign judgments. Focus then turns to more specialised areas of conflict of laws where individual chapters are devoted to a detailed consideration of international arbitration, e-commerce transactions, as well as corporate insolvency and restructuring. The expert coverage of these specialised topics no doubt infuses great value into the book.
The book’s domestic and comparative focus makes it an unparalleled resource for judges, lawyers and law students when they are confronted with cross-border commercial disputes that involve an examination of Malaysia’s conflict of laws principles. This book provides a comprehensive understanding of Malaysian conflict of laws, which will be useful for academics and researchers looking for an in-depth discussion of the topic.
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 common law jurisdictions.
  • Up-to-date analysis on conflict of laws issues in international arbitration.
  • Analysis and review on the intersections between conflict of laws and cross-border insolvency.


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