Contract Law in Malaysia

In today’s fast-changing global economy, international trade and shipping law have become increasingly complex – shaped by cross-border regulations, sanctions regimes, and evolving commercial practices. The Law and Practice of International Trade and Shipping offers a timely and comprehensive guide to this dynamic field, blending doctrinal clarity with practical insight. This book provides an in-depth exploration of how international trade and shipping law intersect in practice. Few areas of commerce demand such a close integration of law and industry knowledge – where legal principles guide everyday operations, and industry customs in turn shape legal outcomes.

Authored by Philip Teoh, an accomplished practitioner with over three decades of experience in Singapore and Malaysia, the work draws on his extensive courtroom experience, including landmark Admiralty cases such as The Istana VI, which helped shape Malaysia’s maritime jurisprudence.

Covering the full spectrum of international commerce, the book examines the WTO trading system, trade finance, international sales, and the carriage of goods by sea, encompassing vessel chartering, bills of lading, and related shipping documents. It also provides detailed discussions on container shipping, cargo operations, marine insurance, and maritime arbitration, among other core topics. Each chapter is supported by analysis of statutes, decided cases, and industry practice – making it an indispensable reference for practitioners, arbitrators, judges, and industry professionals alike.

Praised for its breadth, depth, and practical relevance, this work bridges legal principle with commercial reality, filling a notable gap in the literature and offering reliable guidance through the complexities of modern international trade and shipping law.

Key features:

• Malaysia's most comprehensive treatment of international trade and shipping law, integrating doctrinal analysis with real-world practice and addressing the evolving challenges of global commerce.
• Bridges the gap between law and industry, illustrating how legal principles and commercial practices operate together in areas such as vessel chartering, bills of lading, and international sales.
• Covers the full spectrum of international commercial law, including the WTO framework, trade finance, sanctions, marine insurance, cargo operations, and maritime arbitration.
• The analysis of each area is supported by discussion of statutes, case law, and industry standards.
• Authored by a leading maritime practitioner with over 30 years of cross-border experience.

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.

Affidavits play a major role in dispensing justice and many proceedings, particularly those of an interlocutory nature, are disposed of on affidavit evidence alone. In cases where evidence can be conveniently and completely presented in affidavit form, its use will promote the efficient and more orderly disposal of cases. This important part of litigation practice is given a clear and comprehensive exposition by the book Affidavit Evidence.

This book presents a core subject of civil practice from the local perspective. The detailed discussion is amply supported by copious citations of case law, local as well as foreign, and the applicable statutory provisions. The practical insights provided in the book are indeed valuable and will usefully serve both experienced and newer practitioners. The content of the book has been systematically organised and this greatly enhances its utility. Beginning from the fundamentals of the preparation of affidavits, the book then explores in detail the formal requirements for valid affidavits. The practical aspects of the filing and service of affidavits are discussed before an analysis is undertaken of defective affidavits as well as the available curative provisions and remedial measures. The book proceeds to a hands-on discussion of the assessment of affidavit evidence, including cross-examination on affidavits, affidavits in particular proceedings, and finishes off with a look at the effects of the making of false affidavits.

This new edition of Affidavit Evidence contains a wealth of knowledge painstakingly put together by an experienced practitioner of law. It is fully updated to take account of new developments in the law, including the Rules of Court 2012, the Companies Act 2016 and the Insolvency Act 1967.

• Recent cases showing how the courts have been able, relying on Order 1A and Order 2 r 3, to save or allow the use of defective or non-compliant affidavits thereby ensuring that justice is not frustrated by technical non-compliance.
• Discussion on the limits of Order 1A and Order 2 r 3.
• Recent cases dealing with challenges against affidavits in forfeiture proceedings under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 as amended in 2014.
• Recent authorities showing the usefulness of Order 41 r 13 which allows for affidavits made in English outside the jurisdiction to be filed without being accompanied by a translation in Bahasa Malaysia, unless directed otherwise by the court.
• Further consideration of the switch from "must" to "shall" in Order 41 made by the Rules of Court 2012.
• New discussion on expert evidence.
• General improvements and rewriting for better clarity.