Private International Law in The Malaysia Courts  

Oleh:

Sharom, Azmi

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: The Singapore Year Book of International Law vol. X (2006), page 357-362.
Topik: INTERNATIONAL LAW; private international law; malaysia courts

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: SS47 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

Lihat Detail Induk

Isi artikel

There were four noteworthy cases in the malaysia courts in 2005. Two of these cases dealt with malaysians getting into debt due to gambling abroad and both have arguably mis used the public policy argument. They serve as a warning to casinos the world over against giving credit to malaysian gamblers. In light of singapore's new found ambitions in that field, perhaps these cases should be noted by the republic's legal fraternity. The issue of the service of write for foreign proceedings in malaysia has been one that needs a sound and definitive judgement. This has been provided for in one of the cases discussed here, where the high court decided that the overly restrictive approach taken by many malaysian judges in unfounded and based on the mis interprettion of a judgement of lord denning's. Finally there is a case that uses the principle of forum non conveniens in a sensible manner which serves to emphasise one of the ideals that is the foundation of private international law, the comity of nations.

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