Trust and Corporate Governance in Digitalisation explores how traditional principles of equity, fiduciary duty and trust law are being transformed by emerging digital technologies such as blockchain, distributed ledgers and decentralised autonomous organisations (DAO). It traces the evolution of trust law from its equitable origins to its new role in digital ecosystems where transparency, automation and decentralisation have redefined the meaning of trust and accountability.

The book is divided into 10 chapters, covering key areas including the nature of digital property, blockchain governance, fiduciary obligations in distributed networks, remedies for digital breaches of trust, and the challenges of estate planning and tax compliance in the management of digital assets and cryptocurrencies. Case studies such as the collapse of FTX underscore the urgent need for sound corporate governance in the digital era.

Drawing on comparative perspectives from Malaysia, the United Kingdom, the United States, Singapore and Europe, this book surveys local developments within global debates on regulatory reform, compliance and ethical digital practice. It serves as a timely resource for lawyers, in-house counsel, corporate directors, regulators and policymakers seeking to navigate the complex relationship between technology and trust.

Beyond its academic accuracy, the book equips professionals with practical guidance on establishing governance frameworks, drafting digital wills and trusts, and establishing new forms of property such as cryptocurrencies and digital assets. It bridges the gap between law and technology, equipping readers with the understanding needed to ensure integrity, accountability, and resilience in the rapidly evolving digital economy. It is an essential reference for those seeking to align innovation with sound legal and ethical governance.

Key features:

• Malaysia's first comprehensive integration of trust law, corporate governance and digitalisation that sets a new benchmark for legal scholarship in the country.
• Explores how blockchain and distributed ledger technologies are transforming the legal foundations of trust, altering fiduciary duties, and reshaping relations between individuals, institutions and property in digital settings.
• Offers practical guidance for academics, lawyers, in-house counsels, as well as advisors dealing with wills, trusts, and charitable structures in the era of blockchain and cryptoassets. It includes drafting insights and blockchain-based governance frameworks that are essential for modern legal practice.
• Examines how blockchain enhances corporate governance by providing greater transparency, real-time access to data, and increased accountability through decentralised governance models.
• Provides a detailed discussion of testamentary planning, wealth transfer, succession, and asset protection in the context of cryptocurrencies and digital property, making it a valuable resource for practitioners and wealth managers.
• Practical illustrations and case studies from Malaysia and abroad demonstrating how blockchain-based systems are applied in corporate governance, fiduciary oversight, and estate planning scenarios.
• Presents comparative insights from jurisdictions such as the United Kingdom, the United States, Europe, Singapore and Malaysia, highlighting global developments and contextualising them within Malaysian law and practice.
• Anticipates next-generation governance structures founded on consensus, transparency and automation, providing forward-looking analysis on smart legal infrastructures and the future of trust in an information-driven world.

Shaping the Law offers a compelling exploration of the judicial legacy of a respected Malaysian jurist, Justice Tan Sri Datuk Harmindar Singh Dhaliwal. Featuring 22 illuminating commentaries by leading legal minds, this volume analyses his landmark judgments across multiple fields, revealing a jurisprudence defined by intellect, fairness and an enduring commitment to justice.

Each chapter offers an in-depth exploration of legal reasoning, contextual background, and the impact of each decision on Malaysian jurisprudence. The contributors engage with issues across constitutional, administrative, criminal, commercial, tort, employment, and statutory interpretation domains. The collaborative scholarship ensures a balanced blend of academic depth and professional relevance.

The commentaries highlight how Justice Harmindar’s decisions embody integrity, independence, and fidelity to justice – qualities that define modern judicial excellence. The discussions offer practical lessons on judicial writing, reasoning, and interpretation that transcend specific case law.

Published in conjunction with Justice Harmindar’s retirement in 2025, this volume stands as a lasting record of his contributions to the Malaysian legal system, capturing the hallmarks of Justice Harmindar’s jurisprudence: clarity, fairness, empathy, and intellectual rigour. The specially curated content of this publication serves both as a professional tribute and as a scholarly examination of the decisions of an outstanding Malaysian judge.

Key features:

• Comprehensive commentaries: Contains 22 analytical chapters examining Justice Harmindar's most significant judgments, ranging from commercial law to criminal law.
• Multi-disciplinary perspectives: The commentaries draw on doctrinal, comparative, and philosophical analyses, offering a holistic understanding of the law in theory and in practice.
• Quality authorship: Features contributions from leading and upcoming lawyers, each bringing unique expertise and insight.
• A tribute and a study: Recognises the wisdom and judicial skill of a top judge.
• Focus on values that shape the law: Highlights the clarity, fairness, and empathy that mark Justice Harmindar's decisions.

“With its rich content and clear, concise explanations of the principles and rules governing civil proceedings, this edition is an invaluable resource for the legal profession or anyone seeking a comprehensive understanding of Malaysian civil procedure.”

—From the Preface of the Editor-in-Chief
Tun Tengku Maimun Tuan Mat
Chief Justice of Malaysia

“The 2024 Edition of the Malaysian White Book will enable the legal practitioner to have a proper understanding and grasp of the Rules of Court 2012 and to navigate through the adjectival aspects of the litigation process and avoid any procedural missteps.”

—From the Preface of the General Editors
Cecil Abraham
Nantha Balan

A good mastery of the Rules of Court 2012 is the foundation of court work and Malaysian Civil Procedure 2024 is an indispensable reference tool that arms the practitioner with current information, practical insights and confidence to succeed in all areas of civil court work. The team of some 100 expert contributors have researched and analysed relevant case law developments to update the commentaries accordingly.

The illuminating commentaries to the Rules of Court 2012 are supplemented by a second volume featuring comprehensive and current annotations to ten key legislation important to civil litigation. The second volume is enhanced with additional Practice Directions from both Peninsular Malaysia as well as Sabah and Sarawak.
The commentaries which have been prepared by a team of specialist practitioners and carefully reviewed by an experienced panel of Advisory Editors offer clear guidance for assured practice at all levels of the Malaysian courts.
 

Key features

• Unparalleled quality and accuracy in true White Book tradition
• Comprehensive Order-by-Order commentary to the Rules of Court 2012 presented clearly under succinct headings
• Fully up-to-date text of 10 key civil legislation with incisive annotations
• Inclusion of case law developments from mid-2021 to the present
• Contributors curated from leading law firms, the Judiciary and academia to provide authoritative commentaries
• Reviewed by experienced panel of expert Advisory Editors to ensure high quality of substantive content
• Extensive collection of court Practice Directions including directions from Sabah and Sarawak with the inclusion of an additional 26 items in this edition

About the Book

This illuminating local text on the law of equity and trusts is an invaluable resource to understand the applicable law as it applies in Malaysia. It provides clear appreciation of trusts, trusteeship and remedies. It explains the general principles of the current law and, where appropriate, makes critical analysis of the position of the law.

This new edition contains extended treatment on several topics, including fiduciary duties, benevolent construction of express trusts, remedial constructive trusts, mental element for recipient liability under constructive trusts, illegality and resulting trusts, validity of exclusion clauses for breach of trust or fiduciary duties, protection of confidential information, as well as joint venture constructive trusts.

SIGNIFICANT NEW CASES CONSIDERED

• Perbadanan Kemajuan Pertanian Selangor v JW Properties (circumstances giving rise to constructive trusts)
• Kamil Azman bin Abdul Razak v Amanah Raya (the essentials of private express trusts)
• Abdul Ravuff bin Datuk AS Dawood v Dr Abdul Rahman bin Datuk AS Dawood (constitution of express trusts)
• Wolverhampton City Council v London Gypsies and Travellers (injunction against unidentifiable persons)
• AIB Group (UK) Plc v Mark Redler & Co (equitable compensation)
• Pitt v Holt (mistaken distribution of trust assets)
• Byers v Saudi National Bank (limits to tracing rights; mental element for recipient liability under constructive trust)
• Patel v Mirza (illegality and resulting trusts)
• Ivey v Genting Casinos (UK) Ltd (mental element for accessory liability under constructive trust)
• FHR European Ventures LLP v Cedar Capital Partners LLC (bribes and constructive trust)
• Federal Republic of Brazil v Durant International Corporation (backtracing of money corruptly received)
• Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society (account of profit)

Key features

• Written in a succinct, clear and easy-to-read style
• Besides local cases, decisions from England, Australia, Canada, Singapore and New Zealand have been regularly cited and discussed
• Detailed survey of case law development
• Provides critical analysis of the position of the law and where relevant, suggests the way forward for Malaysian law including the policy considerations which may determine such direction

This essential book analyses landmark and recent cases relevant to the study and practice of non-Muslim family law in Malaysia. It covers a wide range of topics from domicile and residence to the division of matrimonial assets. It examines the judicial decisions up to the year 2024, discusses the latest amendments made to the Law Reform (Marriage and Divorce) Act 1976 with reference to cases decided on that particular provision. Students studying Family Law will benefit from the book as the topics covered are according to the course syllabus, and legal practitioners will find this book a handy reference to check on decided cases, and the analysis on such cases on a particular subject matter. This book would also be a source of reference to the general public who intend to find out the law and the judicial decisions on a particular subject matter in Family Law.

Key features

• Comprehensively covers all aspects of family law, including marriage, divorce, legitimacy, adoption, and more through 13 detailed chapters.
• In-depth analysis of the cases, providing insights into the legal principles and practices governing family law in Malaysia.
• Provides practical guidance on the application of family law through real-world examples and decided cases.
• Expertly written by a knowledgeable family law academic with extensive experience in teaching Malaysian family law.
• Current and relevant, with up-to-date information reflecting the latest principles and practices in Malaysia.
   

Key Developments Covered in this New Edition

• Vertical agreements, exemption and exclusion regime and abuse of dominant position
• Decisions of the Competition Appeal Tribunal and judgments of the court on judicial review applications
• Interaction between competition law and intellectual property law
• Market review exercises conducted by the Competition Commission
• Cases (including EU cases) on e-commerce, information technology and online platforms
• Sectoral regulation in the communications and multimedia, financial services, aviation, energy and gas sectors
• Guidelines on the merger process and regulatory assessment
• Third Party Access (TPA) regime and the Guidelines on Single Buyer in the energy sector
• Block exemption on shipping liner
• Individual exemptions granted and competition law assessments conducted on airline operators

Competition law is developing dynamically in Malaysia. This book provides a useful analysis and explanation of the regulatory scheme, discussing the various powers and functions of the competition regulator as well as the enforcement and procedural aspects of Malaysian competition law. The second edition of this book discusses the more recent developments surrounding the Competition Act 2010 as well as the competition regime under various sectoral regulations.

This book provides the readers with better understanding and clarity on the application of competition law and the development of legal jurisprudence on competition by analysing recent decisions and judgments issued by the competition authorities. To deepen the analysis and discussion, increased reference has been made to the legal jurisprudence, case law and established competition law practices found in various relevant jurisdictions particularly the EU and the UK.

Written by authors with good knowledge of competition regulation, this substantially revised new edition provides invaluable guidance to officers of the Malaysian Competition Commission, judges, lawyers, in-house counsel, business owners, academics and students.