[ESG] Auction For Renewable Energy Certificates To Be Hosted By Bursa Carbon Exchange
The Bursa Carbon Exchange is set to host its inaugural auction of Renewable Energy Certificates sourced from the Murum Hydropower plant. The product offering aims to help buyers achieve sustainability goals while reducing carbon emissions.
If you have any queries, please contact the author, Joyce Ong Kar Yee (oky@lh-ag.com).
[TMT] Negligent Misrepresentation in IT Agreements: Action Points for IT Service Providers and Customers
Frequently, IT disputes arise where a service provider fails to fulfill certain promises or assurances made in the course of negotiations, which were not incorporated into the agreement. Enforcing these promises or assurances may not be straightforward. Similarly, it could also be tedious to defend against such claims.
In this alert, Partner Chan Mun Yew and Associate James Lau Jian Hui suggest practical and actionable steps for IT service providers and customers to safeguard their rights in this context.
If you have any queries, please contact Associate, James Lau Jian Hui (ljh@lh-ag.com) or his team Partner, Chan Mun Yew (myc@lh-ag.com).
[INTERNATIONAL ARBITRATION] Special Alert: Energy Exchange Malaysia (“ENEGEM”): Introducing Malaysia’s Newly Launched Energy Exchange
On 15 April 2024, the Ministry of Energy Transition and Water Transformation of Malaysia (“PETRA”) announced the establishment of Energy Exchange Malaysia (“ENEGEM”) as Malaysia’s first cross-border platform to facilitate the sales of renewable energy (“RE”) to neighbouring ASEAN countries. ENEGEM has in effect, ushered Malaysia into the cross-border energy market.
In this e-Alert, Partner Crystal Wong and Pupil Ruth Lim briefly introduce the mechanism of ENEGEM and discuss relevant considerations in relation to cross-border energy transactions.
If you have any queries, kindly contact Partner, Crystal Wong Wai Chin (wwc@lh-ag.com) or Pupil, Ruth Lim (jylim@lh-ag.com).
[ESG] Dewan Negara Passes The Environmental Quality (Amendment) Bill 2023
The Dewan Negara has passed the Environmental Quality (Amendment) Bill 2023, introducing significantly higher penalties for environmental offences. Businesses are advised to enhance compliance.
If you have any queries, please contact the author, Hoi Jack S’ng (hjs@lh-ag.com).
[ENERGY, PROJECTS & INFRASTRUCTURE] Introducing the 5th Round of Competitive Bidding Process for Developing Large-Scale Solar
The Energy Commission is calling for bids for the fifth competitive bidding round for the Large-Scale Solar programme, otherwise known as LSS PETRA.
In this alert, Joyce Ong Kar Yee and Rona Arissha summarise the available packages and details of the programme.
If you have any queries, please contact Partner, Joyce Ong Kar Yee (oky@lh-ag.com).
[REGULATORY AND COMPLIANCE] Special Alert: Occupational Safety and Health (Amendment) Act 2022 Set To Take Effect on 1 June 2024
After more than two years since the bill was passed by Parliament, the Occupational Safety and Health (Amendment) Act 2022 (“Amendment Act”) will finally come into force on 1 June 2024.
In this alert, Partner Hoi Jack S’ng discusses the key changes brought about by the Amendment Act.
If you have any queries, please contact Associate, Aida Faralyana Binti Azlan (afa@lh-ag.com), or her team Partner, Hoi Jack S’ng (hjs@lh-ag.com).
[EMPLOYMENT] Special Alert: Employee-Shareholders – Can They Be Made Redundant?
The Industrial Court reaffirms established industrial relations principles that redundancy does not necessarily mean that the job or work no longer exists and considered the applicability of this principle to shareholders of a company who wore dual hats as employees and shareholders.
In this Alert, Partner Amardeep Singh Toor, Associate Wong Lien Taa, and Pupil Chua Wey Reun address a recent decision of the Industrial Court, whereby the dismissal of, among others, shareholders of a company who were concurrently employed on the grounds that their roles were made redundant following a cost-cutting exercise, was found to be with just cause or excuse.
If you have any queries, please contact Associate, Wong Lien Taa (wlt@lh-ag.com), or his team Partner, Amardeep Singh Toor (ast@lh-ag.com).
[CYBERSECURITY DATA & PRIVACY] Special Alert: Cyber Security Bill 2024: Is Your Company Ready?
Various aspects of cyber security in Malaysia are regulated by several key legislations such as the Computer Crimes Act 1997, Communications and Multimedia Act 1998, Personal Data Protection Act 2010, and the Penal Code.
With the recent spike in cyberattacks, the passing of the Cyber Security Bill 2024 on 27 March 2024 by the Dewan Rakyat marks a timely paradigm shift in the national cyber security management mechanism. Organisations therefore should take heed of the Bill and make the necessary preparations to comply with the numerous cyber security related responsibilities and obligations to avoid significant penalties for non-compliance.
If you have any queries, please contact CyberDataPrivacy lawyer, Arissa Ahrom (aa@lh-ag.com).
#lhagcdppractice
[EMPLOYMENT] High Court Clarifies Question of Chairman’s Jurisdiction to Hand Down Award
An aggrieved employee filed a judicial review application challenging the jurisdiction of an Industrial Court chairman to hand down the award which upheld his dismissal on the ground that the chairman did not preside over a single day of the trial.
In dismissing the application, the High Court clarified that despite not presiding over the trial, an incumbent chairman is seized with jurisdiction to decide on and deliver the final award in an industrial dispute. The court also reaffirmed the decision of the Industrial Court that dismissal as a punishment is not disproportionate in the banking industry where flagrant transgressions are proven.
In this alert, Partner, Nurul Aisyah Hassan, who successfully represented the client, discusses the recent decision of the High Court, which, inter alia, underscores the purpose and intent of the Industrial Relations Act 1967 in ensuring the speedy disposal of industrial disputes.
If you have any queries, kindly contact Partner, Nurul Aisyah Hassan (nah@lh-ag.com).
[ESG] Enhancing Corporate Governance in MSMEs
The draft Governance Code for Malaysian MSMEs is now open for public consultation. The proposed code aims to assist MSMEs in fostering long-term sustainability, attracting investment, and navigating the evolving business landscape.
If you have any queries, please contact the authors, Tan Hooi Ping (hpt@lh-ag.com) and Joyce Ong Kar Yee (oky@lh-ag.com).