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Papers by sumithra33 woodhull

Research paper thumbnail of Legal Knowledge Constructive Dismissal Grey Areas for Contemplation (2)

This article has been prepared to consider and ponder upon scenarios which could possibly tantamo... more This article has been prepared to consider and ponder upon scenarios which could possibly tantamount to constructive dismissal. These are common occurrences in the Malaysian workforce and warrant consideration in the interest of justice and fairness to those employees who have been victimized by such conduct. It also serves as information for consideration by the Malaysian Department of Labour when revising existing labour laws. This article is also aimed to provide greater depth and understanding of this subject matter in order to safeguard against legal repercussions.

Research paper thumbnail of 'KANGAROO COURT' ANTICS IN THE ADJUDICATION OF STRATIFIED PROPERTY MATTERS IN MALAYSIA

An account of the manner in which money laundering is facilitated by deliberate gaps in strata le... more An account of the manner in which money laundering is facilitated by deliberate gaps in strata legislation, propelled by the 'criminal style' management by the Management Corporation / Management Committee members / Property Managers and finally aided and abetted by 'Kangaroo Court' antics when such matters are presented before the strata tribunal in Malaysia-an insidious network operated by the 'local mafia' in collective consort with Property Developers in the backdrop)

Research paper thumbnail of The Passion of Life

The following is a poem penned by the poet and an independent analysis of the same by the poet's ... more The following is a poem penned by the poet and an independent analysis of the same by the poet's twelve-year-old student who the poet tutors in the English Language. The poet desires to draw attention to the level of maturity exhibited in the independent analysis by the poet's student which is quite remarkable and adult-like for such a young student.

Research paper thumbnail of The Passion of Life

The following is a poem penned by the poet and an independent analysis of the same by the poet's ... more The following is a poem penned by the poet and an independent analysis of the same by the poet's twelve-year-old student who the poet tutors in the English Language. The poet desires to draw attention to the level of maturity exhibited in the independent analysis by the poet's student which is quite remarkable and adult-like for such a young student.

Research paper thumbnail of Status of an Employee After Signing Contract of Employment Prior to Commencing Work – The Position Under Malaysian Law

Social Science Research Network, Apr 7, 2018

A. INTRODUCTORY REMARKS This article is written with the intention of serving as a guide on this ... more A. INTRODUCTORY REMARKS This article is written with the intention of serving as a guide on this matter of some degree of uncertainty / contention. It should be borne in mind at the outset that the position of the Parties is not always 'cut and dry' and that it is incumbent that the scenarios that are present and the material circumstances at any point of time should be weighed against and assessed in light of all tenable and ascertainable factors. The matter addressed here is with regards to a scenario where a potential employee has signed the contract of employment but who later rejects the offer perhaps for another offer accepted prior to the date of commencement of work. The issue is whether the prospective employer may institute legal action for breach of contract.

Research paper thumbnail of Application of the ‘Slayer Rule’ to Payments Under Life Insurance Policies Governed by Malaysian Laws

THE APPLICATION OF THE ‘SLAYER RULE’ TO PAYMENTS UNDER LIFE INSURANCE POLICIES GOVERNED BY MALAYS... more THE APPLICATION OF THE ‘SLAYER RULE’ TO PAYMENTS UNDER LIFE INSURANCE POLICIES GOVERNED BY MALAYSIAN LAWS

Research paper thumbnail of Mutual Non-Solicitation Clauses - The Malaysian Perspective

This article is written to highlight some important matters pertaining to ‘Mutual Non-Solicitatio... more This article is written to highlight some important matters pertaining to ‘Mutual Non-Solicitation Clauses’ from a Malaysian perspective.

Research paper thumbnail of Passing of Title & Risk in Goods in Frame Distributorship Type of Agreements (Multi-Partite Contracts Involving Re-Sale of Products/Equipment) Under Malaysian Law

SSRN Electronic Journal, 2015

The following task is a detailed legal analysis/scrutiny on the issue of the passing of title &am... more The following task is a detailed legal analysis/scrutiny on the issue of the passing of title & risk in goods in Frame-Distributorship type of Agreements specifically those of the feature of multi-partite contracts involving the re-sale of products/equipment.

Research paper thumbnail of The Uniform Commercial Code, Article 2: Introduction and Comparison with the CISG

SSRN Electronic Journal, 2014

Research paper thumbnail of Pointers of Guidance When Drafting an Integration/Interoperability Test Agreement (IOT) of a General Nature

SSRN Electronic Journal, 2015

The purpose of this document is to act as a pointer/guide in relation to drafting of an Integrati... more The purpose of this document is to act as a pointer/guide in relation to drafting of an Integration/Interoperability Test Agreement (hereinafter referred to as IOT Agreement) of a general nature. Based upon the nature of each distinct type of Agreement, certain clauses would be imperative to be included. As a result of the predominantly technical nature of each type of Agreement, it would be advisable to seek opinions from technical personnel based upon the requirements and nature of a specific Project for which the Agreement is entered into so that all material technical matters are incorporated within the same.

Research paper thumbnail of Legal Information & Guidance Pertaining to the Structuring of Agreements in Collaborative Projects for the Purpose of Arranging Financingg

SSRN Electronic Journal, 2015

This written material consists of legal advice and information specifically on the matter of the ... more This written material consists of legal advice and information specifically on the matter of the structuring of agreements in collaborative projects (where several parties are involved in various contributory capacities) for the purpose of arranging financing to ensure legality and compliance with the governing and applicable Malaysian laws and principles in force at the material time.

Research paper thumbnail of A Voyage in Exploration of Legal Aspects of English Land Law

SSRN Electronic Journal, 2015

This piece of written work presents an exploratory overview in a simple and easily comprehensible... more This piece of written work presents an exploratory overview in a simple and easily comprehensible manner of the gist of legal aspects of English land law. The objective is to aid the learning process of students so that an overall and interconnected view begins to develop linking the various aspects of land law for a comprehensive understanding of the same.

Research paper thumbnail of The Implications of Conflict of Laws Upon International Trade and Transactions and as Observed from a Malaysian Context -- An Overview

SSRN Electronic Journal, 2014

With regards to the overall scope and issues explained, the following are the matters which are c... more With regards to the overall scope and issues explained, the following are the matters which are concerned:a) The issues which have been researched are:i) The areas of the law concerning international trade and transactions where conflict of laws is apparent. The areas of focus are predominantly the laws of the WTO, the laws of the CISG, intellectual property laws as well as the laws governing international commercial arbitration and from the Malaysian context, the areas researched are conflict of laws in relation to bills of lading, conflict of laws from the perspective of intellectual property laws and the impact of the Competition Act 2010 and the conflict of laws in relation to the Arbitration Act 2005;ii) The manner in which these conflicts arise;iii) Whether these conflicts are capable of resolution and if not, the manner of dealing with these conflicts of laws issues.b) The main findings which have emerged are:i) For the most part in most of the areas of law which have formed the subject of analysis of the conflicts of laws debate in this thesis, the matter of the conflict of laws is apparent for the fact of the nature of the disputes which have appeared before adjudicating bodies which are of an international nature concerning cross border disputes;ii) In certain scenarios, the distinct laws of separate legal instruments, legal jurisdictions etc. contain methods by which the process of adjudication is able to bypass addressing the matter of conflict of laws by adopting an alternative manner of adjudication wherein this method is inherent within the applicable laws;iii) There are many aides available in the form of internationally accepted rules and principles as well as established doctrines to guide in the process of determining the applicable laws where a situation of conflict of laws has arisen;iv) The difficult and perpetual debate which confronts adjudicators is the determination of the proper laws of the contract. The establishment of this lies at the heart of the conflicts of laws debate;v) An issue of some degree of sensitivity whenever a situation concerning the conflicts of laws arises is to fairly and on the basis of merit uphold the autonomy of the laws of a certain jurisdiction in prevalence over another;vi) The cultural differences between different legal systems dictate that it would be challenging to formulate a uniform set of laws which can be internationally accepted by all jurisdictions governing all areas of the law concerning international trade and transactions;vii) The individual biases and prejudices of the adjudicators themselves can greatly influence the verdict in matters concerning the conflict of laws.c) The practical implications or recommendations and for whom:i) The fact that conflict of laws will increasingly become a feature of international trade and transactions with regards to the adjudication process with regards to the settlement of disputes of a cross border nature is inevitable;ii) In time, more sophisticated methods of adjudication as well as doctrines and approaches would likely evolve to tackle the issue of the conflict of laws which it is envisaged will become increasingly complex corresponding with the significance and volume of international trade and transactions in a more modern world;iii) It is incumbent that adjudicators are aware of these practical implications as the task of adjudication falls upon them;iv) It is also imperative that parties entering into international contracts are fully aware at the time of entering into those contracts, the fact that in the event of a dispute, the matter of conflict of laws may be engaged towards the resolution of the dispute.

Research paper thumbnail of Malaysian Governance Procedures in Relation to Public-Private-Partnership Business Model

SSRN Electronic Journal, 2015

Research paper thumbnail of The Legal Position of Compliance of Commonwealth Legal Jurisdictions with UK Laws

SSRN Electronic Journal

This article is written to serve as a guide in matters pertaining to the legal position of compli... more This article is written to serve as a guide in matters pertaining to the legal position of compliance of Commonwealth legal jurisdictions with UK laws such as the UK Criminal Finance Act 2017. It should be noted that the positions may vary in relation to the application of foreign law in relation to Singapore & Malaysia respectively.

Research paper thumbnail of Legal Opinion – The Impact of Money Laundering Legislation on E-Money Issuers

SSRN Electronic Journal

The author of this article looks into some concerns pertaining to the impact of money laundering ... more The author of this article looks into some concerns pertaining to the impact of money laundering legislation on e-Money Issuers in light of some recent furore in Malaysia wherein MACC had filed applications against 41 parties to recover RM270 million of 1MDB money. Research has subsequently been done to review and analyze the current law pertaining to this matter using the internet as a point of resource. The following legal opinion is put forward premised upon the said research. The author of this article has resourced reference material on this subject from searches over the internet.

Research paper thumbnail of Legal Analysis – The Concept of Legal Indemnity in Contracts Governed by the Laws of Malaysia

SSRN Electronic Journal

In this article, the author analyzes and explores the concept of legal indemnity in contracts gov... more In this article, the author analyzes and explores the concept of legal indemnity in contracts governed by the laws of Malaysia. This analysis is rendered premised upon research undertaken into assessment of the matter.

Research paper thumbnail of Legal Analysis & Opinion – Operational Risk Management in the Fintech Industry Pursuant to the Laws of Malaysia – Miscellaneous Matters

SSRN Electronic Journal

In this article, the author looks into risk management aspects in the fintech industry in Malaysi... more In this article, the author looks into risk management aspects in the fintech industry in Malaysia in relation to the following matters: 1) Signing & Execution of Legal Agreements via Digital Signature; 2) Is There Any Option To Allow a ‘Pre-Approved Lower Credit Limit’ to Merchants? 3) Does Signing On ‘Onboarding Application Forms’ with Attached Links Suffice to Constitute A Legally Binding Contractual Relationship Between The Contracting Parties? The following legal opinion is rendered upon research undertaken into assessment of the matter and analysis of the same.

Research paper thumbnail of Legal Opinion & Analysis – Corporate Liability of Employees Pursuant to the Laws of Malaysia

SSRN Electronic Journal

The primary issues raised in this article are with regards to the potential corporate liabilities... more The primary issues raised in this article are with regards to the potential corporate liabilities faced by corporate entities formed pursuant to the laws of Malaysia when entering into e-Contracts with their Customers/Merchants. The following legal advice is rendered upon research undertaken into assessment of the matter and analysis of the same. The purpose of this legal opinion and analysis is to alert the Board of Directors of corporate entities about the potential corporate liability that the Board of Directors, Senior Management as well as the employees of corporate entities may be exposed to.

Research paper thumbnail of Legal Opinion & Analysis – Some Challenging Legal Issues Associated With E-Contracts Pursuant to the Laws of Malaysia

SSRN Electronic Journal

The primary issues raised in this article are with regards to the legal viability of e-Contracts.... more The primary issues raised in this article are with regards to the legal viability of e-Contracts. The author looks into the legal risks associated with Company XXXX’s suggested e-Contract model, a departure from the conventional physical contract wherein the latter entails many signatures to be tendered upon a sequence of documents that many Merchants regard to be cumbersome and time-consuming. The following legal advice is rendered upon research undertaken into assessment of the matter and analysis of the same. The purpose of this legal opinion and analysis is to alert the Board of Directors of Company XXXX about the legal risks faced in proceeding with its proposed e-Contract model with regards to its business with Merchants.

Research paper thumbnail of Legal Knowledge Constructive Dismissal Grey Areas for Contemplation (2)

This article has been prepared to consider and ponder upon scenarios which could possibly tantamo... more This article has been prepared to consider and ponder upon scenarios which could possibly tantamount to constructive dismissal. These are common occurrences in the Malaysian workforce and warrant consideration in the interest of justice and fairness to those employees who have been victimized by such conduct. It also serves as information for consideration by the Malaysian Department of Labour when revising existing labour laws. This article is also aimed to provide greater depth and understanding of this subject matter in order to safeguard against legal repercussions.

Research paper thumbnail of 'KANGAROO COURT' ANTICS IN THE ADJUDICATION OF STRATIFIED PROPERTY MATTERS IN MALAYSIA

An account of the manner in which money laundering is facilitated by deliberate gaps in strata le... more An account of the manner in which money laundering is facilitated by deliberate gaps in strata legislation, propelled by the 'criminal style' management by the Management Corporation / Management Committee members / Property Managers and finally aided and abetted by 'Kangaroo Court' antics when such matters are presented before the strata tribunal in Malaysia-an insidious network operated by the 'local mafia' in collective consort with Property Developers in the backdrop)

Research paper thumbnail of The Passion of Life

The following is a poem penned by the poet and an independent analysis of the same by the poet's ... more The following is a poem penned by the poet and an independent analysis of the same by the poet's twelve-year-old student who the poet tutors in the English Language. The poet desires to draw attention to the level of maturity exhibited in the independent analysis by the poet's student which is quite remarkable and adult-like for such a young student.

Research paper thumbnail of The Passion of Life

The following is a poem penned by the poet and an independent analysis of the same by the poet's ... more The following is a poem penned by the poet and an independent analysis of the same by the poet's twelve-year-old student who the poet tutors in the English Language. The poet desires to draw attention to the level of maturity exhibited in the independent analysis by the poet's student which is quite remarkable and adult-like for such a young student.

Research paper thumbnail of Status of an Employee After Signing Contract of Employment Prior to Commencing Work – The Position Under Malaysian Law

Social Science Research Network, Apr 7, 2018

A. INTRODUCTORY REMARKS This article is written with the intention of serving as a guide on this ... more A. INTRODUCTORY REMARKS This article is written with the intention of serving as a guide on this matter of some degree of uncertainty / contention. It should be borne in mind at the outset that the position of the Parties is not always 'cut and dry' and that it is incumbent that the scenarios that are present and the material circumstances at any point of time should be weighed against and assessed in light of all tenable and ascertainable factors. The matter addressed here is with regards to a scenario where a potential employee has signed the contract of employment but who later rejects the offer perhaps for another offer accepted prior to the date of commencement of work. The issue is whether the prospective employer may institute legal action for breach of contract.

Research paper thumbnail of Application of the ‘Slayer Rule’ to Payments Under Life Insurance Policies Governed by Malaysian Laws

THE APPLICATION OF THE ‘SLAYER RULE’ TO PAYMENTS UNDER LIFE INSURANCE POLICIES GOVERNED BY MALAYS... more THE APPLICATION OF THE ‘SLAYER RULE’ TO PAYMENTS UNDER LIFE INSURANCE POLICIES GOVERNED BY MALAYSIAN LAWS

Research paper thumbnail of Mutual Non-Solicitation Clauses - The Malaysian Perspective

This article is written to highlight some important matters pertaining to ‘Mutual Non-Solicitatio... more This article is written to highlight some important matters pertaining to ‘Mutual Non-Solicitation Clauses’ from a Malaysian perspective.

Research paper thumbnail of Passing of Title & Risk in Goods in Frame Distributorship Type of Agreements (Multi-Partite Contracts Involving Re-Sale of Products/Equipment) Under Malaysian Law

SSRN Electronic Journal, 2015

The following task is a detailed legal analysis/scrutiny on the issue of the passing of title &am... more The following task is a detailed legal analysis/scrutiny on the issue of the passing of title & risk in goods in Frame-Distributorship type of Agreements specifically those of the feature of multi-partite contracts involving the re-sale of products/equipment.

Research paper thumbnail of The Uniform Commercial Code, Article 2: Introduction and Comparison with the CISG

SSRN Electronic Journal, 2014

Research paper thumbnail of Pointers of Guidance When Drafting an Integration/Interoperability Test Agreement (IOT) of a General Nature

SSRN Electronic Journal, 2015

The purpose of this document is to act as a pointer/guide in relation to drafting of an Integrati... more The purpose of this document is to act as a pointer/guide in relation to drafting of an Integration/Interoperability Test Agreement (hereinafter referred to as IOT Agreement) of a general nature. Based upon the nature of each distinct type of Agreement, certain clauses would be imperative to be included. As a result of the predominantly technical nature of each type of Agreement, it would be advisable to seek opinions from technical personnel based upon the requirements and nature of a specific Project for which the Agreement is entered into so that all material technical matters are incorporated within the same.

Research paper thumbnail of Legal Information & Guidance Pertaining to the Structuring of Agreements in Collaborative Projects for the Purpose of Arranging Financingg

SSRN Electronic Journal, 2015

This written material consists of legal advice and information specifically on the matter of the ... more This written material consists of legal advice and information specifically on the matter of the structuring of agreements in collaborative projects (where several parties are involved in various contributory capacities) for the purpose of arranging financing to ensure legality and compliance with the governing and applicable Malaysian laws and principles in force at the material time.

Research paper thumbnail of A Voyage in Exploration of Legal Aspects of English Land Law

SSRN Electronic Journal, 2015

This piece of written work presents an exploratory overview in a simple and easily comprehensible... more This piece of written work presents an exploratory overview in a simple and easily comprehensible manner of the gist of legal aspects of English land law. The objective is to aid the learning process of students so that an overall and interconnected view begins to develop linking the various aspects of land law for a comprehensive understanding of the same.

Research paper thumbnail of The Implications of Conflict of Laws Upon International Trade and Transactions and as Observed from a Malaysian Context -- An Overview

SSRN Electronic Journal, 2014

With regards to the overall scope and issues explained, the following are the matters which are c... more With regards to the overall scope and issues explained, the following are the matters which are concerned:a) The issues which have been researched are:i) The areas of the law concerning international trade and transactions where conflict of laws is apparent. The areas of focus are predominantly the laws of the WTO, the laws of the CISG, intellectual property laws as well as the laws governing international commercial arbitration and from the Malaysian context, the areas researched are conflict of laws in relation to bills of lading, conflict of laws from the perspective of intellectual property laws and the impact of the Competition Act 2010 and the conflict of laws in relation to the Arbitration Act 2005;ii) The manner in which these conflicts arise;iii) Whether these conflicts are capable of resolution and if not, the manner of dealing with these conflicts of laws issues.b) The main findings which have emerged are:i) For the most part in most of the areas of law which have formed the subject of analysis of the conflicts of laws debate in this thesis, the matter of the conflict of laws is apparent for the fact of the nature of the disputes which have appeared before adjudicating bodies which are of an international nature concerning cross border disputes;ii) In certain scenarios, the distinct laws of separate legal instruments, legal jurisdictions etc. contain methods by which the process of adjudication is able to bypass addressing the matter of conflict of laws by adopting an alternative manner of adjudication wherein this method is inherent within the applicable laws;iii) There are many aides available in the form of internationally accepted rules and principles as well as established doctrines to guide in the process of determining the applicable laws where a situation of conflict of laws has arisen;iv) The difficult and perpetual debate which confronts adjudicators is the determination of the proper laws of the contract. The establishment of this lies at the heart of the conflicts of laws debate;v) An issue of some degree of sensitivity whenever a situation concerning the conflicts of laws arises is to fairly and on the basis of merit uphold the autonomy of the laws of a certain jurisdiction in prevalence over another;vi) The cultural differences between different legal systems dictate that it would be challenging to formulate a uniform set of laws which can be internationally accepted by all jurisdictions governing all areas of the law concerning international trade and transactions;vii) The individual biases and prejudices of the adjudicators themselves can greatly influence the verdict in matters concerning the conflict of laws.c) The practical implications or recommendations and for whom:i) The fact that conflict of laws will increasingly become a feature of international trade and transactions with regards to the adjudication process with regards to the settlement of disputes of a cross border nature is inevitable;ii) In time, more sophisticated methods of adjudication as well as doctrines and approaches would likely evolve to tackle the issue of the conflict of laws which it is envisaged will become increasingly complex corresponding with the significance and volume of international trade and transactions in a more modern world;iii) It is incumbent that adjudicators are aware of these practical implications as the task of adjudication falls upon them;iv) It is also imperative that parties entering into international contracts are fully aware at the time of entering into those contracts, the fact that in the event of a dispute, the matter of conflict of laws may be engaged towards the resolution of the dispute.

Research paper thumbnail of Malaysian Governance Procedures in Relation to Public-Private-Partnership Business Model

SSRN Electronic Journal, 2015

Research paper thumbnail of The Legal Position of Compliance of Commonwealth Legal Jurisdictions with UK Laws

SSRN Electronic Journal

This article is written to serve as a guide in matters pertaining to the legal position of compli... more This article is written to serve as a guide in matters pertaining to the legal position of compliance of Commonwealth legal jurisdictions with UK laws such as the UK Criminal Finance Act 2017. It should be noted that the positions may vary in relation to the application of foreign law in relation to Singapore & Malaysia respectively.

Research paper thumbnail of Legal Opinion – The Impact of Money Laundering Legislation on E-Money Issuers

SSRN Electronic Journal

The author of this article looks into some concerns pertaining to the impact of money laundering ... more The author of this article looks into some concerns pertaining to the impact of money laundering legislation on e-Money Issuers in light of some recent furore in Malaysia wherein MACC had filed applications against 41 parties to recover RM270 million of 1MDB money. Research has subsequently been done to review and analyze the current law pertaining to this matter using the internet as a point of resource. The following legal opinion is put forward premised upon the said research. The author of this article has resourced reference material on this subject from searches over the internet.

Research paper thumbnail of Legal Analysis – The Concept of Legal Indemnity in Contracts Governed by the Laws of Malaysia

SSRN Electronic Journal

In this article, the author analyzes and explores the concept of legal indemnity in contracts gov... more In this article, the author analyzes and explores the concept of legal indemnity in contracts governed by the laws of Malaysia. This analysis is rendered premised upon research undertaken into assessment of the matter.

Research paper thumbnail of Legal Analysis & Opinion – Operational Risk Management in the Fintech Industry Pursuant to the Laws of Malaysia – Miscellaneous Matters

SSRN Electronic Journal

In this article, the author looks into risk management aspects in the fintech industry in Malaysi... more In this article, the author looks into risk management aspects in the fintech industry in Malaysia in relation to the following matters: 1) Signing & Execution of Legal Agreements via Digital Signature; 2) Is There Any Option To Allow a ‘Pre-Approved Lower Credit Limit’ to Merchants? 3) Does Signing On ‘Onboarding Application Forms’ with Attached Links Suffice to Constitute A Legally Binding Contractual Relationship Between The Contracting Parties? The following legal opinion is rendered upon research undertaken into assessment of the matter and analysis of the same.

Research paper thumbnail of Legal Opinion & Analysis – Corporate Liability of Employees Pursuant to the Laws of Malaysia

SSRN Electronic Journal

The primary issues raised in this article are with regards to the potential corporate liabilities... more The primary issues raised in this article are with regards to the potential corporate liabilities faced by corporate entities formed pursuant to the laws of Malaysia when entering into e-Contracts with their Customers/Merchants. The following legal advice is rendered upon research undertaken into assessment of the matter and analysis of the same. The purpose of this legal opinion and analysis is to alert the Board of Directors of corporate entities about the potential corporate liability that the Board of Directors, Senior Management as well as the employees of corporate entities may be exposed to.

Research paper thumbnail of Legal Opinion & Analysis – Some Challenging Legal Issues Associated With E-Contracts Pursuant to the Laws of Malaysia

SSRN Electronic Journal

The primary issues raised in this article are with regards to the legal viability of e-Contracts.... more The primary issues raised in this article are with regards to the legal viability of e-Contracts. The author looks into the legal risks associated with Company XXXX’s suggested e-Contract model, a departure from the conventional physical contract wherein the latter entails many signatures to be tendered upon a sequence of documents that many Merchants regard to be cumbersome and time-consuming. The following legal advice is rendered upon research undertaken into assessment of the matter and analysis of the same. The purpose of this legal opinion and analysis is to alert the Board of Directors of Company XXXX about the legal risks faced in proceeding with its proposed e-Contract model with regards to its business with Merchants.

Research paper thumbnail of Legal Analysis - Impact of Covid 19 Act 2020 Upon Commercial Leases

This ‘Legal Analysis & Opinion’ has been written by the authors to serve as guidance for Malaysia... more This ‘Legal Analysis & Opinion’ has been written by the authors to serve as guidance for Malaysian owned and incorporated businesses engaged in the financial leasing of non-residential immovable properties with regards to the impact of the Covid-19 Act 2020 upon leases of non-residential immovable property.

Research paper thumbnail of THE ORDEAL OF DEALING WITH LEGAL MATTERS IN MALAYSIA - REAL CASE SCENARIOS

This article is written to bring to light the ordeal faced by many Malaysian citizens when dealin... more This article is written to bring to light the ordeal faced by many Malaysian citizens when dealing with solicitors in Malaysia and this account is factual where to some extent, it is an account of the personal experiences faced by the author. The purpose of this article is to highlight some glaring weaknesses in the legal system in Malaysia which is in urgent need of attention and revamp, the shocking and appalling attitude and behaviour of some solicitors akin to a ‘fraternity of narcissistic legal mafia’ and the gall of these supposed legally qualified professionals in senselessly bullying elderly clients.

Research paper thumbnail of LEGAL ANALYSIS -THE CONCEPT OF LEGAL INDEMNITY IN CONTRACTS GOVERNED BY THE LAWS OF MALAYSIA

In this article, the author analyzes and explores the concept of legal indemnity in contracts gov... more In this article, the author analyzes and explores the concept of legal indemnity in contracts governed by the laws of Malaysia. This analysis is rendered premised upon research undertaken into assessment of the matter.

Research paper thumbnail of LEGAL OPINION -THE IMPACT OF MONEY LAUNDERING LEGISLATION ON E-MONEY ISSUERS

A) Foreword The author of this article looks into some concerns pertaining to the impact of money... more A) Foreword The author of this article looks into some concerns pertaining to the impact of money laundering legislation on e-Money Issuers in light of some recent furore in Malaysia wherein MACC had filed applications against 41 parties to recover RM270 million of 1MDB money. Research has subsequently been done to review and analyze the current law pertaining to this matter using the internet as a point of resource. The following legal opinion is put forward premised upon the said research. The author of this article has resourced reference material on this subject from searches over the internet.

Research paper thumbnail of Analysis Of Potential To OnBoard Foreign Merchants Risks Reviewed

A) Foreword In this article, the author looks into the possibility of onboarding foreign merchant... more A) Foreword In this article, the author looks into the possibility of onboarding foreign merchants and the associated risks to be anticipated. The following legal opinion is rendered upon research undertaken into assessment of the matter and analysis of the same. B) Is There Any Prohibition With Regards To OnBoarding Of Foreign Merchants? Reference is made to BNM's 2008 Guideline wherein at Part B [Operational Requirements], Principle 6 [Implement Adequate Measures To Prevent The Use Of E-Money For Money Laundering, And Ensure Compliance With Other Requirements], Clause 12.5 clearly states that the prior permission of the Controller pursuant to section 10 of the Exchange Control Act 1953 is required for a non-bank e-money issuer to provide cross-border / international transactions. Comment: With reference to the above-stated provision, it is clear that there is no prohibition in relation to the OnBoarding of Foreign Merchants with the qualification that the permission of the Exchange Controller be first obtained-this would be the written permission. All applications for exchange control approval should be addressed to:

Research paper thumbnail of THE PERILS OF WAR AS A CRIMINAL ACT

This theme is one which evokes much emotional turmoil in those who are acquainted first-hand with... more This theme is one which evokes much emotional turmoil in those who are acquainted first-hand with the experience of war. These would be soldiers in the battle field amidst raging war, casualties and civilians of wartime and the criminals themselves, the perpetrators such as leaders, dictators and politicians alike whose policies make war a manifested reality in all eras of the history of mankind. It is evident that the inclination to wage war has always been the predisposition of man from time immemorial. It is perhaps factual to state that the animalistic motivations in mankind causes him to view the waging of war as a means of survival in a world of unceasing competing interests and the fear or insecurity of limited resources escalating the need and forming the alleged justification for waging of wars. This is clearly the workings of unbridled ego and a megalomaniac mental approach to life. The roots of war can more often be traced to the preponderance of fear and insecurity instilled in the minds of the masses that eventually propel the onslaught of war-this is evident when we see genocides, ethnic cleansing in Bosnia, the Holocaust etc.. From a spiritual perspective, the underlying causes of war may be traced to the psyche of man, dictated and driven by the ego and identification of the psychological 'I'. From the perspective of gnostic teachings, all the factors that produce war, namely: cruelty, egotism, greed, ambition, hatred etc. exist as a result of identification with the ego or the psychological 'I'. In this sense, war is a by-product or outer reflection of the inner conflict or mania inherent within the human psyche which is unbalanced. It may be attributed to the dominance of one form of polarity (the instinct towards violence) over the other (the desire to co-exist in a state of harmonious existence). As long as humans continue to identify with the psychological 'I', the possibility and potential for physical war as an imminent threat to the survival of mankind shall always exist. The knowledge of this and the dissemination of this knowledge is crucial for the continued survival of mankind on a planet where the chances of survival have already been compromised by other natural catastrophes. As long as the higher orders of the world see war as a means of safeguarding national interests, the threat of war shall forever loom. In a world which is becoming more globalized, there is a great need for love of fellow mankind and not to identify and feel threatened or paranoid by insecurities and differences. The macho, reptilian inclinations of the human race must necessarily be recognized and curtailed before an all-encompassing preponderance of peace may prevail on a global scale. Hatred for another race of people perceived to be the enemy or a threat and consequently the belief that ethnic cleansing is the solution is a form of racial ego identification that results in mass murder. Racism must thus be eradicated from the face of the earth and one way to do this is to economically sanction and boycott nations that practice modern day 'apartheid'. Nations should refrain from supporting and electing to positions of leadership, leaders who are evidently racist and narcissistic in their political and leadership agendas. The hunger for power and racial superiority and dominance are the factors that precede the waging of wars.

Research paper thumbnail of LEGAL ANALYSIS & OPINION -OPERATIONAL RISK MANAGEMENT IN THE FINTECH INDUSTRY PURSUANT TO THE LAWS OF MALAYSIA -MISCELLANEOUS MATTERS

In this article, the author looks into risk management aspects in the fintech industry in Malaysi... more In this article, the author looks into risk management aspects in the fintech industry in Malaysia in relation to the following matters:

  1. Signing & Execution of Legal Agreements via Digital Signature;

  2. Is There Any Option To Allow a ‘Pre-Approved Lower Credit Limit’ to Merchants?

  3. Does Signing On ‘Onboarding Application Forms’ with Attached Links Suffice to Constitute A Legally Binding Contractual Relationship Between The Contracting Parties?

The following legal opinion is rendered upon research undertaken into assessment of the matter and analysis of the same.

Research paper thumbnail of LEGAL OPINION & ANALYSIS -SOME CHALLENGING LEGAL ISSUES ASSOCIATED WITH E- CONTRACTS PURSUANT TO THE LAWS OF MALAYSIA

The primary issues raised in this article are with regards to the legal viability of e-Contracts.... more The primary issues raised in this article are with regards to the legal viability of e-Contracts. The author looks into the legal risks associated with Company XXXX’s suggested e-Contract model, a departure from the conventional physical contract wherein the latter entails many signatures to be tendered upon a sequence of documents that many Merchants regard to be cumbersome and time-consuming. The following legal advice is rendered upon research undertaken into assessment of the matter and analysis of the same. The purpose of this legal opinion and analysis is to alert the Board of Directors of Company XXXX about the legal risks faced in proceeding with its proposed e-Contract model with regards to its business with Merchants.

Research paper thumbnail of LEGAL OPINION & ANALYSIS -CORPORATE LIABILITY OF EMPLOYEES PURSUANT TO THE LAWS OF MALAYSIA

The primary issues raised in this article are with regards to the potential corporate liabilities... more The primary issues raised in this article are with regards to the potential corporate liabilities faced by corporate entities formed pursuant to the laws of Malaysia when entering into e-Contracts with their Customers / Merchants. The following legal advice is rendered upon research undertaken into assessment of the matter and analysis of the same. The purpose of this legal opinion and analysis is to alert the Board of Directors of corporate entities about the potential corporate liability that the Board of Directors, Senior Management as well as the employees of corporate entities may be exposed to.

Research paper thumbnail of POINTERS_OF GENERAL_GUIDANCE_WHEN_DRAFTING_ADDENDUMS PURSUANT TO THE LAWS OF MALAYSIA.doc

The purpose of this article is to act as a pointer of general guidance in relation to the draftin... more The purpose of this article is to act as a pointer of general guidance in relation to the drafting of addendums pursuant to the laws of Malaysia. An addendum may briefly be described as a legal instrument used to effect changes to the Principal Agreement.

Research paper thumbnail of POINTERS OF GUIDANCE WHEN DRAFTING WILLS PURSUANT TO THE LAWS OF MALAYSIA

A) INTRODUCTORY REMARKS The purpose of this article is to act as a pointer of general guidance in... more A) INTRODUCTORY REMARKS The purpose of this article is to act as a pointer of general guidance in relation to the drafting of legal wills pursuant to the laws of Malaysia. The information stated herein has been obtained from legal sources in Malaysia and has been consolidated for ease of understanding for the benefit of the layman in the preparation of his / her own legal will. This information is only supposed to serve as a guide and if there is a need to prepare a legal will which is complex in nature, then perhaps the services of solicitors should be sought. B) DISCLAIMER This Pointer of Guidance is only intended to be a point of reference in the general drafting of legal wills and thus the stated information should not be treated as being all encompassing and ought not to be relied upon totally without first consulting with competent solicitors especially in matters of a more complex nature. This Pointer of Guidance is further merely of a general nature and is premised upon the governing laws of Malaysia at the time of writing of this article and as such it cannot be used in a mandatory manner to cover all situations but must rather be utilized with discretion.

Research paper thumbnail of MUTUAL NON-SOLICITATION CLAUSES – THE MALAYSIAN PERSPECTIVE

FOREWORD This article is written to highlight some important matters pertaining to 'Mutual Non-So... more FOREWORD This article is written to highlight some important matters pertaining to 'Mutual Non-Solicitation Clauses' from a Malaysian perspective. The guidance given in this article is premised upon legal analysis arrived at by the author after deliberating upon the issues faced in the course of her work as an in-house Legal Counsel and the writer disclaims any and all legal liability for relying upon this advice. The writer advices that the opinion of independent legal counsel is to be sought for each unique and individual scenario.

Research paper thumbnail of INCORPORATING A CUSTOMER'S STANDARD TERMS OF BUSINESS INTO A PROJECT AGREEMENT GOVERNED BY THE LAWS OF MALAYSIA – SOME CHALLENGES ENCOUNTERED FROM A LEGAL PERSPECTIVE

FOREWORD This article is written to serve as a guide in relation to the matter of incorporating a... more FOREWORD This article is written to serve as a guide in relation to the matter of incorporating a customer's terms of business into Project Agreements which are governed by the laws of Malaysia. Some of the issues which will be explored are the challenges encountered from a legal perspective of the parties to the contract reaching a mutually agreeable consensus and the manner in which to incorporate clauses which deviate from some of the standard terms and conditions of the Customer. The task of synchronization may entail the consideration of legal issues of various degrees of complexity where the answer may not be 'prima facie' obvious or apparent. The guidance given in this article is premised upon legal analysis arrived at by the author after deliberating upon the issues faced in the course of her work as an in-house Legal Counsel and the writer disclaims any and all legal liability for relying upon this advice. The writer advices that the opinion of independent legal counsel is to be sought for each unique and individual scenario. A. The Encountered Scenario A scenario may arise where Party A is the Vendor and Party B is the Customer and they enter into a contract wherein Party B insists upon their standard terms and conditions being incorporated into the contract and some of these terms and conditions may not be acceptable to Party A who may have some of their own standard terms and conditions which they may desire to be incorporated into the contract. However, Party B may not be amenable to changing their own standard terms and conditions to accommodate any revisions. So, the question arises as to the manner in which the Customer's standard terms and conditions may be incorporated into the contract whilst simultaneously acceding to the Vendor's choice to revise some of these terms and conditions where these would be stated to prevail.

Research paper thumbnail of LEGAL ISSUES PERTAINING TO 'AUTHORIZED SIGNATORIES' FROM THE MALAYSIAN PERSPECTIVE AND ANALYSIS IN RELATION TO CROSS BORDER CONTRACTS

FOREWORD This article is written to serve as a guide in relation to cross border contracts involv... more FOREWORD This article is written to serve as a guide in relation to cross border contracts involving a Malaysian corporation and a foreign corporation as parties to it. The nature of these contracts entail the consideration of legal issues of various degrees of complexity where the answer may not be 'prima facie' obvious or apparent. The guidance given in this article is premised upon legal analysis arrived at by the author after deliberating upon the issues faced in the course of her work as an in-house Legal Counsel and the writer disclaims any and all legal liability for relying upon this advice. The writer advices that the opinion of independent legal counsel is to be sought for each unique and individual scenario. A. How To Decide On The Position Pertaining To The Number and Identity of the Authorized Signatories in a Contract governed by laws foreign to Malaysia where a Malaysian Corporation is a Party to the Contract At the outset, it should be stressed that this scenario is to be distinguished from one where a Malaysian owned company is incorporated in the foreign country. In this latter scenario, the incorporated entity would be subject to the laws of the foreign country in determining the number and identity of the 'Authorized Signatories'. However, in the situation where the Malaysian corporation is a foreign party in the contract, to determine the number and identity of the 'Authorized Signatories', reference is to be made to the Articles of Association of the Malaysian corporation. This is obviously the case as a foreign country and the laws of a foreign country would not have authority to adjudicate upon or dictate the applicable principles in these matters. B. Complicated Nature of Cross Border Contracts As a result of the complicated nature of these types of cross border contracts, the ensuing scenario would be one where the number of authorized signatories could differ for each contractual party and there should not be any attempt to align this aspect to be identical as this would be erroneous. C. Prudent to Include the Application of 'Conflict of Laws' Principles / Rules

Research paper thumbnail of ASSESSMENT OF CONFIDENTIALITY CLAUSES IN CONTRACTS GOVERNED BY MALAYSIAN LAWS – SOME TRICKY ISSUES TO CONSIDER AND PITFALLS TO AVOID

FOREWORD This article is written to serve as a guide in relation to contracts governed by the law... more FOREWORD This article is written to serve as a guide in relation to contracts governed by the laws of Malaysia which incorporate provisions pertaining to 'confidentiality'. The nature and implication of this provision entails the consideration of legal issues which may run deeper than the perceived simplicity of the language in which the clause is worded where the true effect and implications may not be 'prima facie' obvious or apparent. The guidance given in this article is premised upon legal analysis arrived at by the author after deliberating upon the issues faced in the course of her work as an in-house Legal Counsel and the writer disclaims any and all legal liability for relying upon this advice. The writer advices that the opinion of independent legal counsel is to be sought for each unique and individual scenario. A. The Usual / Customary Manner in which 'Confidentiality' Clauses are Worded in Contracts Governed by the Laws of Malaysia In many Contracts governed by the laws of Malaysia, it is customary for the obligations pertaining to 'confidentiality' to be worded as surviving the termination of the Contract and continuing to be valid and binding into perpetuity. The contracting parties usually take comfort in perceiving the assurance that each will continue to safeguard the information exchanged to the other for an infinite period of time. B. The Pitfalls Associated with Confidentiality Clauses Surviving Into Perpetuity The scenario IN which one relying upon the protection that such Clauses seem to afford must imperatively also consider the fact that it may have the effect of a double-edged sword whilst seeming to afford protection into an infinite period of time, it simultaneously exposes the contracting parties to potential unlimited liability for an infinite period of time. C. Liability for Breach of Confidentiality being Unlimited Pursuant to the Laws of Malaysia The fact that liability for breach of confidentiality is unlimited pursuant to the laws of Malaysia, one should be cautious about incorporating into Contracts, obligations that survive into perpetuity as liability exposure is also by the same token as protection, exposed into perpetuity. D. Does the Resignation of Personnel Limit Exposure to Potential Unlimited Liability?

Research paper thumbnail of STATUS OF AN EMPLOYEE AFTER SIGNING CONTRACT OF EMPLOYMENT PRIOR TO COMMENCING WORK – THE POSITION UNDER MALAYSIAN LAW

A. INTRODUCTORY REMARKS This article is written with the intention of serving as a guide on this ... more A. INTRODUCTORY REMARKS This article is written with the intention of serving as a guide on this matter of some degree of uncertainty / contention. It should be borne in mind at the outset that the position of the Parties is not always 'cut and dry' and that it is incumbent that the scenarios that are present and the material circumstances at any point of time should be weighed against and assessed in light of all tenable and ascertainable factors. The matter addressed here is with regards to a scenario where a potential employee has signed the contract of employment but who later rejects the offer perhaps for another offer accepted prior to the date of commencement of work. The issue is whether the prospective employer may institute legal action for breach of contract.

Research paper thumbnail of POEMS INSPIRED BY THE SOUL AWAKENING EXPERIENCE

This is a collection of poems inspired by the author's soul awakening experience. Others who have... more This is a collection of poems inspired by the author's soul awakening experience. Others who have had such an experience may resonate with its intensity.

Research paper thumbnail of THE LEGAL POSITION OF COMPLIANCE OF COMMONWEALTH LEGAL JURISDICTIONS WITH UK LAWS

FOREWORD This article is written to serve as a guide in matters pertaining to the legal position ... more FOREWORD This article is written to serve as a guide in matters pertaining to the legal position of compliance of Commonwealth legal jurisdictions with UK laws such as the UK Criminal Finance Act 2017.It should be noted that the positions may vary in relation to the application of foreign law in relation to Singapore & Malaysia respectively. A) The Position In Singapore The application of UK law to Singapore would be governed by Singapore's conflict of laws principles which essentially dictate that a judgment from a court of law of a foreign country on a matter of substance which is final & conclusive by the law of that country where the court had international jurisdiction (as defined by Singapore law) over the party sought to be bound in the local proceeding binds that party to obey that judgment.

Research paper thumbnail of EDUCATIONAL PHILOSOPHY AS EXPLORED THROUGH THE EASTERN PERSPECTIVE – THE TRADITION OF INDIAN SCHOLARS – RABINDRANATH

In this written work, exploration shall commence in the journey of studying educational philosoph... more In this written work, exploration shall commence in the journey of studying educational philosophy in the predominantly Eastern traditions in order to identify the virtues and tenets which would eventually be propounded in the Best Practices Model In Educational Philosophy. The Indian scholar, Rabindranath Tagore who lived in the period of 1861 up to 1941 is famous for being Asia's first Nobel Laureate. He is a notable figure for advocating the significance of freedom when pursuing education. He also understood the significance of the arts in relation to the forming of understanding as well as the imperative need for a close bond and relationship with culture and the setting of a natural environment. The embrace of diversity as a unifying element in educational philosophy is seen in Rabindranath Tagore's perspective where he shunned narrow thinking which created a bridge between humanity and instead embraced education as a conduit for discovering and exploring the beauty and awe of distinct cultures without losing resonance with one's own culture. Rabindranath Tagore could be perceived to be a Renaissance Man of his time with a humanitarian view of life via the lenses of his educational philosophy where he saw the need for development of the human spirit where there was a sense of pride felt in the uniqueness of the native language, the creativity of one's literature, the choice of one's religious inclinations and

Research paper thumbnail of TOWARDS AN ECONOMICALLY EGALITARIAN WORLD – MARXIST BRAND OF SOCIALISM IN HUMANITARIAN WELFARE Marxist Insight on Economic Philosophy

The German philosopher, Karl Marx is seen to have expressed poetic creativity in his humanitarian... more The German philosopher, Karl Marx is seen to have expressed poetic creativity in his humanitarian brand of philosophy wherein he combined politics, philosophy and economics in scrutinizing man’s historical plight through the eyes of an empath, with the aim of theorizing improvement in mankind’s lot in life. He would have obviously been moved and inspired to evoke change in this manner through witnessing the circumstances of mankind during his era.

Research paper thumbnail of Educational Philosophy As Explored Through The Eastern Perspective.doc

In this written nwork, exploration shall continue from the Eastern philosophical perspective in r... more In this written nwork, exploration shall continue from the Eastern philosophical perspective in relation to the Chinese approach to educational philosophy. It shall be made evident in this Chapter, the degree of influence of which the ideology and philosophy of the Chinese philosopher Confucius who lived circa 551-479 BCE has impacted upon the Chinese educational system. In the years following the end of the Chinese Cultural Revolution lasting for a period of ten years from 1966 to 1976, China became more exposed to the international scene and the world at large became more acquainted with its educational philosophies.

Research paper thumbnail of EASTERN AND WESTERN EDUCATIONAL PHILOSOPHIES EXPLORED THROUGH MACRO LENSES – IS THERE A POSSIBILITY OF CONVERGENCE / SYNERGY TOWARDS AN INTERCULTURAL PHILOSOPHY IN EDUCATION?

From a layman’s understanding of the term ‘intercultural philosophy’, it may be understood to mea... more From a layman’s understanding of the term ‘intercultural philosophy’, it may be understood to mean a form of integrated philosophy combining Eastern and Western ideas where these share some sort of parallels albeit being grounded in different rationalizations. It would make sense to understand that where the Eastern and Western philosophies starkly differ from each other, then a common ground may not be envisaged as a platform to integrate the two.

Research paper thumbnail of THE CONVERGENCE DIVERGENCE DICHOTOMY – EASTERN AND WESTERN PHILOSOPHY -CAN THE TWAIN EVER MEET? NOTICEABLE TRACES OF CONVERGENCE BETWEEN EASTERN AND WESTERN PHILOSOPHY APPARENT IN THE IDEAS OF EARLY NOTABLE WESTERN

The aim of this written work is to explore as to whether the twain connecting the East to the Wes... more The aim of this written work is to explore as to whether the twain connecting the East to the West from the perspective of philosophy and ideological thinking can ever meet. Is there a possibility to bridge the gap of the differences to some extent? To understand this further, it would seem to be incumbent to explore the ideas of early notable Western philosophers to understand the extent to which their ideas were influenced by Eastern thoughts of their time. Perhaps in this sense and to this extent the convergence divergence dichotomy may be ascertained.