Case Highlights


Drilling for oil is a risky business. Oil companies seek to protect themselves against the financial consequences of risk by appropriate clauses in their contracts, for example, by a force majeure clause. This case concerns a contract for the hire of an ex pensive oil rig which contained such a clause. During the course of a territorial sea dispute between neighbouring states the arbitration tribunal determining that dispute required drilling to cease in the disputed sea where drilling was to take place....

Article Highlights

Patagonia sues Budweiser’s parent for its ‘copycat’ beer brand

Intellectual property 
Apparel company Patagonia claims brewer AB InBev has used marketing to confuse consumers
Outdoor apparel company Patagonia filed a lawsuit Tuesday against Anheuser-Busch InBev, claiming that the brewer’s Patagonia beer is a “copycat brand.” Patagonia alleges that AB InBev is trying to take advantage of the apparel company’s goodwill. AB InBev only recently began testing its Patagonia brand stateside, after years of success in Argentina.

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First 'super Bench' of nine judges decides Bank Negara council supercedes civil courts on syariah matters

Islamic finance
FC rules Shariah Advisory Council's findings are binding on civil courts
In an unprecedented move, a nine-man Federal Court Bench handed down a landmark majority judgment that any decision by Bank Negara's Syariah Advisory Council (SAC) on Islamic finance is constitutional and binding on civil courts even though the Council is not a judicial body. The nine-man super Bench is the first in the nation's history, but the landmark decision was a narrow 5-4 decision. Previously, a Bench of seven members was the maximum number ever convened to hear such cases in the Federal Court. The dissenting judges were Chief Justice Richard Malanjum, Chief Judge of Malaya Justice Zaharah Ibrahim, Chief Judge of Sabah and Sarawak Justice David Wong Dak Wah, and Federal Court judge Justice Idrus Harun.

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