FOREIGN INVESTMENT IN SAUDI ARABIA AND THE GCC STATES

International Trade, Corporate Governance, Investment Treaties, Environmental Law, Labor Rights, and International Arbitration

“This handbook is an essential guide to any foreign investor navigating the rapidly changing economies of the Gulf Cooperation Council (GCC) states. It explains in clear terms the complex legal, cultural, and social frameworks of the GCC states, whose economies are governed increasingly by law and regulation, rather than custom and tradition. I strongly commend this book to all with an interest in investing productively in the Middle East’s most significant economies.”

– Sir John Jenkins Middle East Joint Strand Leader, University of Cambridge Centre for Geopolitics Ambassador of the United Kingdom to Syria, Iraq, Libya, and Saudi Arabia (2006–2015)

“Undoubtedly an indispensable guide for anyone looking to navigate the complexities of and exciting opportunities in foreign investment in Saudi Arabia and the GCC. This book offers unparalleled insights into the region’s evolving legal landscape, making it a must-have for investors, legal professionals, and policymakers alike.”

– Orlando Vidal Partner and Head of Compliance and Investigations for the Middle East (2016-2023) Norton Rose Fulbright, Dubai

The GCC states — Saudi Arabia, Bahrain, Kuwait, Oman, Qatar and the United Arab Emirates — have become centers of gravity for foreign investment in recent years. While promoting economic transformation and diversification, the GCC states have embarked on a range of projects in the infrastructure, transportation, urban planning and renewable energy sectors, backed by funding from extensive reserves of natural resources.

While opportunities for investment in the GCC region abound, navigating the regulatory framework governing investment can be riddled with uncertainty and risk. These challenges highlight the need for a clear guide that walks foreign investors and their legal counsel through the GCC’s regulatory landscape.

The present volume fulfils this need. It is an authoritative handbook that expounds the legislative framework for foreign investment in the GCC states, while illustrating how Islamic law interacts with legislation. This vade mecum covers bilateral and multilateral investment treaties, international arbitration, trade and investment framework agreements, regional dispute settlement tribunals and legislation governing business organizations, agencies, capital markets, government procurement and taxation, while highlighting emerging topics in foreign investment, including environmental law, sanctions, labor rights, renewable energy and human rights.

This book has been authored primarily for medical practitioners in Malaysia. It is written in a manner that is easy to be understood for readers with no legal background. In the book, regular references are made to various legislation such as the Medical Act 1971, the Medical Regulations 2017, and the Traditional and Complementary Medicine Act 2016 which will help readers appreciate the statutory scheme regulating clinical practice in Malaysia. References are also made to guidelines like the Code of Professional Conduct by the Malaysian Medical Council.

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.
   

Equip yourself with the essential knowledge to effectively battle your cases in the Federal Court of Malaysia. The Annotated Rules of the Federal Court 1995 provides comprehensive annotations on the Rules of the Federal Court 1995, offering detailed insights into the procedural framework governing Malaysia’s apex court. This edition is essential for legal practitioners and policy makers, as well as academics and students seeking an in-depth understanding of the Federal Court’s jurisdiction and its procedural rules.

This publication can be used together with The Annotated Rules of the Court of Appeal 1994, Second Edition for complete and comprehensive guidance to practice in the appellate courts of Malaysia.

Key features

• Updated rule-by-rule annotations.
• In-depth annotations of each rule to provide clarity and context, ensuring readers grasp the full scope and application of the law.
• Explores the historical context and the evolution of the Federal Court and its procedural rules.
• Provides practical insights on the application of rules in real-world scenarios, supported by case law references.
• Incorporates annotations on the new rule 127A: Proceedings through remote communication technology, facilitating virtual hearings and ensuring continuity of court operations during unprecedented times.
• Discusses the new time limit for oral submissions in applications for leave to appeal.
   

The present updated annotation of the Rules of the Court of Appeal 1994 (“RCA 1994”) provides enhanced commentaries and the citation of current court judgments. This comprehensive rule-by-rule commentary on the RCA 1994 is structured with clear headings and essential topics to ease navigation and provide a deeper understanding of both the RCA 1994 and the Court of Appeal’s powers. The clear analysis of key phrases and concepts of each rule facilitates a good appreciation of the application of each rule.

This publication, used together with The Annotated Rules of the Federal Court 1995, supports a confident and successful practice in Malaysia’s appellate courts.

Key features

• Clear and concise rule-by-rule commentary on the Rules.
• The commentary is supported by a wide range of updated case law citations.
• In-depth annotations of each rule to provide clarity and context, ensuring readers grasp the full scope and application of the law.
• All defined terms are identified with direct cross-references to the provision where each definition is found.
• Incorporates key updated annotations to rule 8, with further elaboration on the difference between appeal and cross-appeal.
• Expanded discussion on rule 18(7).
• Detailed discussion on application for leave to appeal.
• Supplemented by detailed index for easy access to the annotations.

This book has been authored primarily for medical practitioners in Malaysia. It is written in a manner that is easy to be understood for readers with no legal background. In the book, regular references are made to various legislation such as the Medical Act 1971, the Medical Regulations 2017, and the Traditional and Complementary Medicine Act 2016 which will help readers appreciate the statutory scheme regulating clinical practice in Malaysia. References are also made to guidelines like the Code of Professional Conduct by the Malaysian Medical Council.

Taxation is an important consideration on the business landscape. A good knowledge of tax regulations and requirements and proper compliance with them can safeguard the tax exposure of businesses. Malaysian taxation is multi-faceted, involving many different types of taxes whether direct or indirect in nature.

Finance managers, accountants and anyone else responsible for the tax affairs of a business need to keep abreast with the ever-changing requirements of tax laws and the practice of the Inland Revenue Board (IRB). Tracking the decisions of the Special Commissioners of Income Tax, the Customs Appeal Tribunal and the courts surely provides a good focus on the resolution of tax disputes and the lessons therefrom.

This book surveys recent significant decisions on matters like income tax, stamp duty, real property gains tax (RPGT), customs and excise duties, sales and service tax, and anti-dumping duty as well as the active use of judicial review to challenge the actions and decisions of the IRB. In addition to a useful overview of the taxation system in Malaysia, the book presents 22 insightful articles which discuss and critically analyse the carefully curated court cases. These analyses provide a comprehensive understanding of the current tax issues and the evolving tax landscape in Malaysia.

Spotlight on Malaysian Tax Disputes provides valuable and instructive knowledge on notable tax disputes which have been litigated and decided in recent years.

Key features

• Carefully selected cases which represent key developments in Malaysian revenue law.
• Succinct summary of arguments at each level to facilitate easy understanding of the issues and the final decisions.
• Useful cross-references to related decisions.
• Wide spectrum of coverage.
• Insightful discussion and commentary by experienced tax advocates.
• Explanation of core concepts to aid appreciation of decision.
• Focus on IRB practices which are open to challenge.
   

Tax issues covered include

• Effect of Public Rulings
• Transfer pricing adjustments
• Difference between penalties imposed under section 112(3) and section 113(2) of the Income Tax Act (ITA)
• Circumstances which allow the raising of assessment past the statutory time bar
• Deductibility of employee share option scheme expenditure
• Challenge against IRB’s refusal to refund taxes
• Chargeability of real estate investment trust to RPGT
• Tax treatment of gains from disposal of real property via joint venture agreement or during liquidation
• Taxability of compensation for compulsory acquisition
• Precedence between double taxation agreements and the ITA
• Deductibility of Bumiputera quota release expenditure
• Retrospective uplifting of open market excise value
• Availability of exceptional input tax claim
• Legal challenges in anti-dumping investigations

The meteoric rise in the use of cryptocurrency and digital assets requires all legal and sociological questions related to them including their legality, customer protection aspects and security implications to be urgently addressed.

This book aims to explain the concept and practicality of cryptocurrency and the legal and regulatory framework surrounding it. This text discusses regulatory guidelines issued by Securities Commission Malaysia, Bank Negara Malaysia and Financial Action Task Force as well as relevant provisions of the Capital Markets and Services Act 2007 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA). The analysis and explanation of the multitude of guidelines and policy documents that apply to regulate cryptocurrency and digital assets within the covers of this book no doubt provide much value.

Anti-money laundering and counter financing of terrorism (AML/CFT) issues which arise in relation to cryptocurrency and digital assets and the regulation thereof are given careful consideration. Initial coin offerings, equity crowdfunding and peer-to-peer financing are elaborated on. Scams, problems and challenges impacting cryptocurrency are discussed as are the matters of taxation and the acceptance of cryptocurrency from the Shariah perspective.

This book is useful to those in the designated reporting institutions, the legal profession, policymakers, potential investors, academicians, students and the public at large. 

• Explanation on jurisprudential basis of indigenous peoples’ rights, aboriginal title and native customary lands
• Discussions on recognition, protection of territoriality and indigenous peoples’ inseparable connection to their traditional lands 
• Consideration of the interwoven issues of cultural heritage, indigeneity and the law 
• Elaborate discussions on traditional ecological knowledge, as well as the synergistic approach to resource management as underpinned and informed by adat and native customary laws and practices 
• Discussion on indigenous governance, customary institutions and dispute resolution 
• Evaluation of the implementation of the Free, Prior and Informed Consent policy as recognised by the United Nations 
• Discussions on the challenges to holistic development of customary indigenous peoples’ customary lands and the state’s fiduciary duty 

Over the years following the enactment of the National Language Acts 1963/67, a vast body of legal terminology in Malay has come into common use in the courts of Malaysia. Further to that, the rapid development of Islamic banking and finance and Syariah Law has seen the generous application of Arabic terms in legal writing and documents.

In this new edition of Istilah Undang-undang, new terms or phrases in Malay and English have been added, ensuring that this book remains an indispensable tool for legal practitioners, judges, academicians, students and court officials. Many of the new terms and phrases have been collated from new legislation which reflect the current use of legal terminology. The accurate translation of legal terms from English to Malay and vice versa, and the understanding of Arabic terms especially those used in the fields of Islamic banking and finance, family law and criminal procedure become more convenient and easier with the support of this index.

In this edition, terms commonly used in taxation and revenue law have been added to widen the scope of coverage of this index.

Since the publication of the previous edition eight years ago, ongoing editorial input has been invested to meticulously revise or update translations where necessary in accordance with usage in authoritative legal sources. The separate section on Arabic terms makes available the translation or meaning in English.

WHO WILL BENEFIT:

• the litigator when preparing affidavits and making submissions in court
• the solicitor when drafting legal documents and agreements
• the corporate lawyer when preparing commercial contracts
• the judge when writing judgments
• the academician when explaining legal concepts and terminologies
• the student studying law
• the court official in daily administrative work

FOREIGN INVESTMENT IN SAUDI ARABIA AND THE GCC STATES

International Trade, Corporate Governance, Investment Treaties, Environmental Law, Labor Rights, and International Arbitration

“This handbook is an essential guide to any foreign investor navigating the rapidly changing economies of the Gulf Cooperation Council (GCC) states. It explains in clear terms the complex legal, cultural, and social frameworks of the GCC states, whose economies are governed increasingly by law and regulation, rather than custom and tradition. I strongly commend this book to all with an interest in investing productively in the Middle East’s most significant economies.”

– Sir John Jenkins Middle East Joint Strand Leader, University of Cambridge Centre for Geopolitics Ambassador of the United Kingdom to Syria, Iraq, Libya, and Saudi Arabia (2006–2015)

“Undoubtedly an indispensable guide for anyone looking to navigate the complexities of and exciting opportunities in foreign investment in Saudi Arabia and the GCC. This book offers unparalleled insights into the region’s evolving legal landscape, making it a must-have for investors, legal professionals, and policymakers alike.”

– Orlando Vidal Partner and Head of Compliance and Investigations for the Middle East (2016-2023) Norton Rose Fulbright, Dubai

The GCC states — Saudi Arabia, Bahrain, Kuwait, Oman, Qatar and the United Arab Emirates — have become centers of gravity for foreign investment in recent years. While promoting economic transformation and diversification, the GCC states have embarked on a range of projects in the infrastructure, transportation, urban planning and renewable energy sectors, backed by funding from extensive reserves of natural resources.

While opportunities for investment in the GCC region abound, navigating the regulatory framework governing investment can be riddled with uncertainty and risk. These challenges highlight the need for a clear guide that walks foreign investors and their legal counsel through the GCC’s regulatory landscape.

The present volume fulfils this need. It is an authoritative handbook that expounds the legislative framework for foreign investment in the GCC states, while illustrating how Islamic law interacts with legislation. This vade mecum covers bilateral and multilateral investment treaties, international arbitration, trade and investment framework agreements, regional dispute settlement tribunals and legislation governing business organizations, agencies, capital markets, government procurement and taxation, while highlighting emerging topics in foreign investment, including environmental law, sanctions, labor rights, renewable energy and human rights.

As technology evolves rapidly and digitalisation becomes integral to both organisations and the daily lives of an individual, the challenges posed by these advancements need to be addressed by developments in the law. Consequently, we have witnessed a rise in cases related to cyber law and information technology, along with an increasing volume of digital evidence presented in court.

In this second edition of Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law, the author continues to present a leading account of the law on the fast-changing realm of technology by thoroughly updating the content to align with the latest legal developments. All the major chapters have been expertly updated to provide valuable commentary on issues impacted in the digital sense.

Notable updates include:

• Inclusion of two new chapters, i.e. privacy and data protection, and software.
• Defamation section has been updated and expanded to cover anonymous publishers and cases on tracing anonymous publishers, and the use of interim injunction to restrain defamatory activity.
• The Digital Assets section has been revised to include non-fungible tokens and additional cases related to cryptocurrencies.
• The Remote Technology Communication section has been updated to address Order 33A of the Rules of Court 2012, and includes a discussion of the recent case Karen Yap Chew Ling v Binary Group Services Bhd.
• The discussion on substituted service via electronic communication has been updated, along with the section on actions against unknown persons, which now includes information on self-identification orders. Additionally, the analysis of the use of social media publications in family disputes has been revised.
• Chapter on Cybercrime has been updated to include offences for online streaming, stalking and statements conducting to public mischief. Sections for fake news and sexual grooming have been updated with the latest cases.
• Updated discussion on admissibility of electronic evidence.

With its carefully crafted commentary and insightful analysis, this practical publication continues to serve as an invaluable resource for litigators dealing with electronic evidence, information technology, and cyber law

The meteoric rise in the use of cryptocurrency and digital assets requires all legal and sociological questions related to them including their legality, customer protection aspects and security implications to be urgently addressed.

This book aims to explain the concept and practicality of cryptocurrency and the legal and regulatory framework surrounding it. This text discusses regulatory guidelines issued by Securities Commission Malaysia, Bank Negara Malaysia and Financial Action Task Force as well as relevant provisions of the Capital Markets and Services Act 2007 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA). The analysis and explanation of the multitude of guidelines and policy documents that apply to regulate cryptocurrency and digital assets within the covers of this book no doubt provide much value.

Anti-money laundering and counter financing of terrorism (AML/CFT) issues which arise in relation to cryptocurrency and digital assets and the regulation thereof are given careful consideration. Initial coin offerings, equity crowdfunding and peer-to-peer financing are elaborated on. Scams, problems and challenges impacting cryptocurrency are discussed as are the matters of taxation and the acceptance of cryptocurrency from the Shariah perspective.

This book is useful to those in the designated reporting institutions, the legal profession, policymakers, potential investors, academicians, students and the public at large. 

• Explanation on jurisprudential basis of indigenous peoples’ rights, aboriginal title and native customary lands
• Discussions on recognition, protection of territoriality and indigenous peoples’ inseparable connection to their traditional lands 
• Consideration of the interwoven issues of cultural heritage, indigeneity and the law 
• Elaborate discussions on traditional ecological knowledge, as well as the synergistic approach to resource management as underpinned and informed by adat and native customary laws and practices 
• Discussion on indigenous governance, customary institutions and dispute resolution 
• Evaluation of the implementation of the Free, Prior and Informed Consent policy as recognised by the United Nations 
• Discussions on the challenges to holistic development of customary indigenous peoples’ customary lands and the state’s fiduciary duty 

Over the years following the enactment of the National Language Acts 1963/67, a vast body of legal terminology in Malay has come into common use in the courts of Malaysia. Further to that, the rapid development of Islamic banking and finance and Syariah Law has seen the generous application of Arabic terms in legal writing and documents.

In this new edition of Istilah Undang-undang, new terms or phrases in Malay and English have been added, ensuring that this book remains an indispensable tool for legal practitioners, judges, academicians, students and court officials. Many of the new terms and phrases have been collated from new legislation which reflect the current use of legal terminology. The accurate translation of legal terms from English to Malay and vice versa, and the understanding of Arabic terms especially those used in the fields of Islamic banking and finance, family law and criminal procedure become more convenient and easier with the support of this index.

In this edition, terms commonly used in taxation and revenue law have been added to widen the scope of coverage of this index.

Since the publication of the previous edition eight years ago, ongoing editorial input has been invested to meticulously revise or update translations where necessary in accordance with usage in authoritative legal sources. The separate section on Arabic terms makes available the translation or meaning in English.

WHO WILL BENEFIT:

• the litigator when preparing affidavits and making submissions in court
• the solicitor when drafting legal documents and agreements
• the corporate lawyer when preparing commercial contracts
• the judge when writing judgments
• the academician when explaining legal concepts and terminologies
• the student studying law
• the court official in daily administrative work

As technology evolves rapidly and digitalisation becomes integral to both organisations and the daily lives of an individual, the challenges posed by these advancements need to be addressed by developments in the law. Consequently, we have witnessed a rise in cases related to cyber law and information technology, along with an increasing volume of digital evidence presented in court.

In this second edition of Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law, the author continues to present a leading account of the law on the fast-changing realm of technology by thoroughly updating the content to align with the latest legal developments. All the major chapters have been expertly updated to provide valuable commentary on issues impacted in the digital sense.

Notable updates include:

• Inclusion of two new chapters, i.e. privacy and data protection, and software.
• Defamation section has been updated and expanded to cover anonymous publishers and cases on tracing anonymous publishers, and the use of interim injunction to restrain defamatory activity.
• The Digital Assets section has been revised to include non-fungible tokens and additional cases related to cryptocurrencies.
• The Remote Technology Communication section has been updated to address Order 33A of the Rules of Court 2012, and includes a discussion of the recent case Karen Yap Chew Ling v Binary Group Services Bhd.
• The discussion on substituted service via electronic communication has been updated, along with the section on actions against unknown persons, which now includes information on self-identification orders. Additionally, the analysis of the use of social media publications in family disputes has been revised.
• Chapter on Cybercrime has been updated to include offences for online streaming, stalking and statements conducting to public mischief. Sections for fake news and sexual grooming have been updated with the latest cases.
• Updated discussion on admissibility of electronic evidence.

With its carefully crafted commentary and insightful analysis, this practical publication continues to serve as an invaluable resource for litigators dealing with electronic evidence, information technology, and cyber law

Equip yourself with the essential knowledge to effectively battle your cases in the Federal Court of Malaysia. The Annotated Rules of the Federal Court 1995 provides comprehensive annotations on the Rules of the Federal Court 1995, offering detailed insights into the procedural framework governing Malaysia’s apex court. This edition is essential for legal practitioners and policy makers, as well as academics and students seeking an in-depth understanding of the Federal Court’s jurisdiction and its procedural rules.

This publication can be used together with The Annotated Rules of the Court of Appeal 1994, Second Edition for complete and comprehensive guidance to practice in the appellate courts of Malaysia.

Key features

• Updated rule-by-rule annotations.
• In-depth annotations of each rule to provide clarity and context, ensuring readers grasp the full scope and application of the law.
• Explores the historical context and the evolution of the Federal Court and its procedural rules.
• Provides practical insights on the application of rules in real-world scenarios, supported by case law references.
• Incorporates annotations on the new rule 127A: Proceedings through remote communication technology, facilitating virtual hearings and ensuring continuity of court operations during unprecedented times.
• Discusses the new time limit for oral submissions in applications for leave to appeal.
   

The present updated annotation of the Rules of the Court of Appeal 1994 (“RCA 1994”) provides enhanced commentaries and the citation of current court judgments. This comprehensive rule-by-rule commentary on the RCA 1994 is structured with clear headings and essential topics to ease navigation and provide a deeper understanding of both the RCA 1994 and the Court of Appeal’s powers. The clear analysis of key phrases and concepts of each rule facilitates a good appreciation of the application of each rule.

This publication, used together with The Annotated Rules of the Federal Court 1995, supports a confident and successful practice in Malaysia’s appellate courts.

Key features

• Clear and concise rule-by-rule commentary on the Rules.
• The commentary is supported by a wide range of updated case law citations.
• In-depth annotations of each rule to provide clarity and context, ensuring readers grasp the full scope and application of the law.
• All defined terms are identified with direct cross-references to the provision where each definition is found.
• Incorporates key updated annotations to rule 8, with further elaboration on the difference between appeal and cross-appeal.
• Expanded discussion on rule 18(7).
• Detailed discussion on application for leave to appeal.
• Supplemented by detailed index for easy access to the annotations.

2 volumes; 4 updates per year. 

Malaysian Company Secretary's Practice (MEC) is a comprehensive in-depth reference source for company secretaries. It covers everything company secretaries need to know when carrying out day-to-day duties and  provides guidance on the more complex issues that may be encountered. It contains commentary, specimen minutes and resolutions as well as full reproductions of prescribed forms, and selected guidelines and codes enabling one to understand and apply the requirements under the relevant laws in fulfilling their obligations.

2 volumes; 4 updates per year.

Singapore Company Secretary's Practice (SCSP) is a comprehensive in-depth reference source for company secretaries. It covers everything company secretaries need to know when carrying out day-to-day duties and provides guidance on the more complex issues that may be encountered. It contains commentary, specimen minutes and resolutions as well as full reproductions of prescribed forms, and selected guidelines and codes enabling one to understand and apply the requirements under the relevant laws in fulfilling their obligations.

2 Volumes; 4 updates per year.

Singapore Companies Legislation (SCL + SSL)

Singapore Companies Legislation (SCL)  which also included Singapore Securities Legislation (SSL) offers current information on companies and securities laws, rules, orders, regulations, codes and guidelines in Singapore. Regular updates incorporate amendments made to these legislation with concise summaries of the sections.

SCL 2 volumes; SSL 3 volumes.