This book provides an authoritative account of the evolution and application of conflict of laws principles in Malaysia in commercial matters. Through a structured evaluation of legislative provisions and judicial decisions, the authors examine private international law in commercial disputes in Malaysia, and consider whether it conforms to international standards and best practices as adopted in major common law jurisdictions such as England and Wales, Singapore and Hong Kong.

A strong foundation is laid through the discussion on the traditional aspects of conflict of laws, namely jurisdiction, choice of law rules and the enforcement of foreign judgments. Focus then turns to more specialised areas of conflict of laws where individual chapters are devoted to a detailed consideration of international arbitration, e-commerce transactions, as well as corporate insolvency and restructuring. The expert coverage of these specialised topics no doubt infuses great value into the book.

The book’s domestic and comparative focus makes it an unparalleled resource for judges, lawyers and law students when they are confronted with cross-border commercial disputes that involve an examination of Malaysia’s conflict of laws principles. This book also provides a comprehensive understanding of Malaysian conflict of laws, which will be useful for academics and researchers looking for an in-depth discussion of the topic.

Key Features 

• The only current Malaysian text on commercial conflict of laws, covering issues of jurisdictions, choice of law, and foreign judgments.
• Instructive commentary on conflict of law issues in the context of commercial disputes by authors with wide experience in cross-border disputes.
• Comparative study of recent reported cases on smart contracts and digital assets in commonwealth jurisdictions.
• Up-to-date analysis on conflict of law issues in international arbitration.
• Analysis and review on the intersections between conflict of laws and cross-border insolvency.

Table of Contents

1. Preliminary Matters

2. Jurisdiction

3. Choice of Law – Contracts

4. Choice of Law – Non-Contractual Obligations and Property

5. Foreign Judgments

6. Conflict of Laws in Arbitrartion

7. Corporate Insolvency and Restructuring

8. E-Commerce Transactions