Already an IBA member? Sign in for a better website experience
The IBA’s response to the situation in Ukraine
Covid-19: voices from across the globe
Covid-19: voices from across the globe
This interactive map will provide you with an insight into how the Covid-19 pandemic is affecting other IBA members across the world. Hear from members in different jurisdictions outlining their personal experiences and legal issues of concern to them at this time.
#IBAGlobalVoice
Click on the dots to view videos from IBA members around the world.
Akoko
Olagbegi-Oloba Victoria Banke
Faculty of Law Department of Jurisprudence & International Law
Diversity and Inclusion Officer, Academic and Professional Development Committee
Check back as more videos are added.
Amsterdam
Els de Wind
Van Doorne NV
Co-Chair, IBA Global Employment Institute
Petra Zijp
NautaDutilh
LPD Council Member
Check back as more videos are added.
Bangalore
Sajai Singh
J Sagar Associates
Senior Vice Chair, Technology Law Committee
Check back as more videos are added.
Berlin
Thomas Kaiser-Stockmann
tkslegal Berlin
LPD Council Member
Check back as more videos are added.
Brasillia
Carlos Vilhena
Pinheiro Neto Advogados
Co-Chair, Mining Law Committee
Check back as more videos are added.
Brussels
Jonathan Goldsmith
Consultant in European and International Legal Services
Vice Chair, BIC International Trade in Legal Services Committee
Check back as more videos are added.
Buenos Aires
Riccardo Barreiro
Barreiro Oliva De Luca Jaca & Nicastro
Co-Chair, International Construction
Check back as more videos are added.
California
Gerard Melling
M&T Aviation USA Inc.
Long Beach, CA
Publications Officer, Aviation Law Committee
Check back as more videos are added.
Copenhagen
Lise Lotte Hjerrild
Horten
Senior Vice Chair, Women Lawyers' Interest Group and LPD Council Member
Ulrikke Krogbeck
The Association of Danish Law Firms
Co-Chair, Academic and Professional Development Committee
Check back as more videos are added.
Costa Rica
Adriana Castro
BLP
Latin American Regional Forum, Liaison Officer, Young Lawyers' Committee
Check back as more videos are added.
Dubai
Ayman H A Khaleq
Morgan Lewis & Bockius
Co-Chair, Arab Regional Forum
Check back as more videos are added.
Espoo
Tarja Wist
Waselius & Wist
LPD Council Member
Check back as more videos are added.
Glasgow
Shona Frame
CMS Cameron McKenna Nabarro Olswang LLP
Co-Chair, International Construction Projects
Check back as more videos are added.
Guatemala City
Alvaro Castellantos
Consortium Legal
Co-Chair, Poverty and Social Development Committee
Check back as more videos are added.
Hong Kong
George Ribeiro
Ribeiro Hui
Co-Chair, International Commerce and Distribution Committee
Stephen Revell
Freshfields Bruckhaus Deringer
Secretary-Treasurer, Law Firm Management Committee
Check back as more videos are added.
Istanbul
Sidika Baysal
B+B Law Office
Co-Chair, European Regional Forum
Check back as more videos are added.
Kyiv
Nazar Chernyavsky
Sayenko Kharenko
Vice Chair Technology Law Committee
Check back as more videos are added.
The Hague
Martijn Scheltema
Pels Rijcken & Droogleever Fortuijn
Member, Business Human Rights Committee Advisory Board
Check back as more videos are added.
Kuala Lumpur
Dato' Sunil Abraham
Cecil Abraham & Partners
LPD Council Member
Outline your personal experience of the situation in your jurisdiction;
In Malaysia, the Government has issued three Movement Control Orders on 16 March 2020, 25 March 2020 and 10 April 2020 pursuant to the Prevention and Control of Infectious Diseases Act 1988 and the Police Act 1967, which took effect from Wednesday, 18 March and is scheduled to expire on Tuesday, 28 April 2020. As such citizens are to remain at home and all businesses are closed save for essential services.
To this end, one has had to be rooted to one’s home save for going out to purchase basic necessities. It has been a peculiar experience not having the usual routine of having to go to the office, attending court in respect of hearings, engaging with clients as well as enjoying the benefits of daily life be it exercising or socialising with friends or colleagues. As such, on a personal level, like many other Malaysians one has to adjust and come up with a new daily routine to ensure one remains active both physically and mentally.
In terms of access to basic necessities, to date, there have no real issues in that the supermarkets and fresh food markets are relatively well stocked.
The Ministry of Health, the hospitals and medical health practitioners are doing a commendable job as evidenced by the recovery rates of those infected and steps being taken to curtail the spread of Covid-19 in Malaysia. The public health and private health system in Malaysia has performed well during this difficult period.
Generally, the Malaysian public in general has adhered to the protocols put in place by virtue of the Movement Control Orders albeit there have been those that have been arrested and charged for breaching the said protocols.
Malaysians are generally resilient people and we hope to come out of this troubling time stronger and perhaps more unified as a country given our diverse racial, religious and social backgrounds. I envisage that it will be a challenging time for the country as a whole as many seek to rebuild their lives, businesses and the economy post the lifting of the restrictions on movement.
Summarise very briefly your experience of practising during this pandemic - how is your area of practice being affected and what legal issues are of concern to you at this time.
As my practice and that of my firm is principally focused on disputes be it litigation before the national courts or arbitration, the restrictions on movement have created difficulties.
The national courts in Malaysia have been closed since 18 March 2020 save for urgent applications and to deal with bail or remand applications in so far as certain criminal matters are concerned. As such, appeals, trials as well as hearings in respect of various interlocutory applications fixed between 18 March 2020 to 28 April 2020 have had to be adjourned to later dates. Due to the court infrastructure in place, we are still able to e-file documents with the court and serve cause papers electronically on opposing parties. The registrars of the Federal Court, Court of Appeal and High Court have been able to monitor and case manage cases through the e-review case management system that is operational throughout Malaysia. During this period, we have also had a number of decisions delivered by the courts as the judges in respect of cases that had previously concluded.
In so far as arbitration is concerned, due to the Movement Control Orders in place, the Asian International Arbitration Centre based in Kuala Lumpur is closed. As such, the AIAC has been unable to accept new cases in respect of arbitration disputes as well as adjudication disputes during this period. Prospective claims have to put on hold for now. It is envisaged that once the centre re-opens that it will face a busy period. In so far as arbitrations that are afoot, the relevant parties continue to have to comply with the directions issued by the arbitral tribunal in so far as the matters I am involved in.
The longer it takes to combat the Covid-19 epidemic, it is envisaged that the smaller law firms in Malaysia will suffer as they may not necessarily have the financial strength to survive. The larger law firms will likely be able to withstand the present restrictions that have been imposed. Arising from the Covid-19 epidemic there may be a change in the legal landscape in Malaysia.
Moving forward, some of the following issues are likely to arise or have in fact arisen:
(a) Arguments relating to limitation in so far as prospective claims are concerned as time continues to run during the Movement Control Orders;
(b) Arguments relating to non-compliance with the timelines for filing of cause papers and/or notices of appeals under the Rules of Court 2012, the Rules of the Court of Appeal 1994 and the Rules of the Federal Court 1995 as time continues to run during the Movement Control Orders;
(c) Queries relating to the doctrine of frustration and applicability of force-majeure clauses in so far as existing contracts are concerned;
(d) In the context of construction and infrastructure disputes, how extensions of time or late delivery issues will need to be addressed between the employer and main contractor as well as between the main contractor and the sub-contractors; and
(e) In the context of investment treaty disputes, possible claims for expropriation or unfair treatment arising from some of the policies imposed by the Government of Malaysia during this period.
Some of these issues are likely to be exacerbated should the restrictions on movement be extended beyond 28 April 2020 in so far as Malaysia is concerned. Dispute practitioners in Malaysia will need to be ready to address their client’s concerns in respect of some of the above.
Check back as more videos are added.
Lagos
Anthony Atata
Hallblack Law Firm
Co-Chair, African Regional Forum
Olufunmi Oluyede
TRLP Law
Nominations Committee and Diversity and Inclusion Council
Onyeka Ehiwuogwu
PUNUKA Attorneys & Solicitors
Regional Representative Africa, Anti-Corruption Committee
Check back as more videos are added.
Lebanon
Zeina Obeid
Obeid Law Firm
Co-Vice Chair, Young Lawyers' Outreach Subcommittee
Check back as more videos are added.
Lima
Luis Carlos Rodrigo Prado
Rodrigo Elias & Medrano Abogados
Check back as more videos are added.
London
Peter Talibart
Vice Chair for Knowledge Management IBA Global Employment Institute
Sara Carnegie
International Bar Association
Director, Legal Projects
Chris Owen
Penningtons Manches Cooper
Senior Vice Chair, European Regional Forum
Jessica Parker
Corker Binning
Co-Chair, Business Crime Committee
Paul Stockley
Fieldfisher
Chair, Oil and Gas Law Committee
Check back as more videos are added.
Luxembourg
Guy Harles
Arendt & Medernach
Co-Chair, Corporate and M&A Law Committee
Check back as more videos are added.
Manila
Lloyd Nicholas Vergara
Supreme Court of the Philippines
Co-Chair, Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Law Committee
Check back as more videos are added.
Madrid
Sergio Sanchez Sole
J&A Garrigues
LPD Council Member
Check back as more videos are added.
Melbourne
Peter Bartlett
MinterEllison
LPD Vice Chair
Check back as more videos are added.
Morningside
Justice Richard Goldstone
Former Justice, Constitutional Court of South Africa
Honorary President, IBA's Human Rights Institute
Check back as more videos are added.
Mexico City
Turenna Ramirez Ortiz
Sanchez Devanny
Co-Chair International Trade and Customs Law Committee
Daniel Del Rio
Basham Ringe y Correa
LPD Assistant Treasurer / IBA Assistant Treasurer
Diego Sierra
Von Wobeser & Sierra
Regional Representative Latin America, Anti-Corruption Committee
Luis Burgueno
Von Wobeser & Sierra
Co-Chair, North American Regional Forum
Check back as more videos are added.
Miami
Gary Birnberg
JAMS
Co-Chair, Mediation Committee
Check back as more videos are added.
Monterrey
Ricardo Leon-Santacruz
Sanchez Devanny
Co-Chair, Taxes Committee
Check back as more videos are added.
Montevideo
Mariana Estrade
Hughes & Hughes
SPPI Council Member
Jonas Bergstein
Bergstein Abogados
Vice Chair, Healthcare and Life Sciences Law Committee
Check back as more videos are added.
Nassau
Peter Maynard
The University of the Bahamas
Member, Poverty and Social Development
Check back as more videos are added.
New Delhi
Arush Khanna
Numen Law Offices
Website Officer, Young Lawyers' Committee
Amir Singh Pasrich
ILA Pasrich & Company
LPD Council Member
Check back as more videos are added.
New Jersey
Steven Richman
Clark Hill
BIC Officer
Check back as more videos are added.
New York
Alan Reitzfeld
Alan D Reitzfeld
Chair, Aviation Law Committee
Check back as more videos are added.
Paris
Stephane Brabant
Herbert Smith
Jean-Andre Diaz
Lazareff Le Bars
Chair, Energy, Environment, Natural Resources and Infrastructure Law Section
Check back as more videos are added.
Rio de Janeiro
Godofredo Mendes Vianna
Kincaid Mendes Vianna Advogados
Co-Chair Maritime and Transport Law Committee
Check back as more videos are added.