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Showing posts from August, 2013

ARTICLE: Personal Data Protection Act 2010

by Foong Cheng Leong and Halina Jael Abu Bakar After a long wait, the Personal Data Protection Act 2010 [ Act 709 ] (“the Act”) has finally been passed. The Act seeks to regulate the processing of personal data of individuals involved in commercial transactions by data users so as to provide protection to the individual’s personal data, thereby safeguarding the interests of such individual. The enactment of the Act is timely, for information can be transferred and transmitted seamlessly and sometimes, effortlessly. From the traditional snail mail to the social networking tool of “Tweet-ing”, personal and often very important information can now be easily shared. New technologies and changing market trends are also contributing to the increasingly important role of information in the global market economy. This information, in particular the personal data of individuals involved in commercial transactions, has become a valuable commodity. Legislation to protect personal...

Sexual Harassment Awareness Series No. 6: Stopping Sexual Harassment

As part of the efforts by the Practitioner's Affairs Committee to educate and empower its members, the PAC continues with its Sexual Harassment awareness series, focusing on what one can do when faced with sexual harassment.  If you have been the victim of sexual harassment, do not stay silent. Take action and contact the Kuala Lumpur Bar Committee or submit your complaint  here . ______________________________________________________________________________ Sexual Harassment Awareness Series No. 6: Stopping Sexual Harassment If possible, and if the harassment is not too severe or violent, directly confronting the harasser may be useful. Also, although having protested is not necessary for a claim, it would strongly strengthen a claim.  Confronting harassment, the following steps are recommended:.  Do the unexpected: Name the behaviour. Whatever he's/she's just done, say it, and be specific. For example, "Stop touching me ...

ARTICLE: Satellite Wars: A Commentary on the Astro v Lippo Arbitration Dispute

by Lee Shih In the Singapore High Court decision of Astro Nusantara International BV and others v PT Ayunda Prima Mitra and others [2012] SGHC 212, the Plaintiffs from the Astro group of companies (“the Astro Claimants”) succeeded in enforcing five arbitral awards totalling more than US$250 million against the Defendants from the Lippo group of companies (“the Lippo Respondents”). Although the case was decided under the provisions of the Singapore International Arbitration Act (“IAA”), the decision is also useful in the Malaysian context for the interpretation of the Arbitration Act 2005 (“Malaysian Arbitration Act”). This article will first set out a brief overview of the relevant provisions of the IAA before going on to discuss the facts and the legal issues of the case. SINGAPORE INTERNATIONAL ARBITRATION ACT The IAA follows closely the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). Section 3 of the IAA states that, subject to the IAA, “the Mo...