It started with the germ of an idea during the C19 MCO lockdowns in Malaysia in March this year, when I explored how to resolve C19 force majeure disputes with fellow mediator and former colleague Shanti Abraham.
We explored a Malaysia Covid 19 Mediation Initiative using mediation to resolve C19 disputes rather than following other countries in using volunteer adjusters in the absence of lawyers.
We focused on our unique strengths at Malaysia Mediation Centre where we had already trained some 700 mediators, and started lobbying our government agencies with proposals to Malaysia Productivity Centre, Professional Services Nexus Group, Pemudah and other agencies.
Shanti did an excellent job which resulted in mediation as a proposed solution for Covid 19 disputes in Malaysia’s new Covid 19 Law which took effect last month and saw the birth of the new Covid 19 Mediation Centre yesterday.
Most of our fellow mediators have applied to be mediators of the Covid 19 Mediation Centre and we look forward to mediating cases soon and help preserve business relationships among SMEs and protect the key job creation and economic engine of the country in these trying Covid 19 pandemic times.
It is pertinent to note that the Law Minister spoke about Mediation in his press statement but somehow the press interpreted it as arbitration. This shows that there is still much work to be done to educate the media and public about the benefits of mediation and how it can protect the fabric of economic relationships, the economy and society generally.
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#mediation #Covid19 #C19 #MMC #mediators #forcemajeure #disputes #law #SMEs #legal
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Published by Jeff Leong
I am the senior partner of Messrs Jeff Leong, Poon & Wong, Malaysia.
I am also serving with the Law Association For Asia And The Pacific (LAWASIA), the peak body for national bar associations and law societies in more than 40 jurisdictions in the Asia Pacific region as Chair of the Corporate, Securities & Investment Law and Co Chair of the Belt And Road Initiative Standing Committees.
I lead a Special Projects team, structure and run complex M&A deals, resolve critical problems faced by clients such as crisis management, regulatory investigations, shareholder fights and board tussles and advise founders, business owners and senior management on business transactions.
With numerous IPOs and M&A deals over 30 years, I am often consulted by clients in Shipping and Logistics, Technology and Digital Economy, Oil & Gas and other heavily regulated industries on complex, urgent and critical matters.
I have been included on Asia Business Law Journal’s A List of Malaysia’s Top 100 Lawyers and Legal 500’s Hall of Fame for Corporate and M&A for Malaysia.
I am an accredited Mediator of the Malaysian Mediation Centre, the International Commercial Mediation Centre For the Belt And Road Initiative, Benchmark Chambers International & Benchmark International Mediation Centre, Shenzhen Qianhai International Commercial Mediation Centre, CCPIT/CCOIC Hangzhou Mediation Centre and Hainan International Arbitration Court.
I founded JLPW in 1999 during the 1997 Asian Financial Crisis with 2 other founders. We were deep into corporate rescues and mergers of banks, insurance companies and stockbrokers to resuscitate the bleeding Malaysian economy, working on some of the major corporate rescues of the 1997 Asian Financial Crisis.
Affiliations with Deacons Graham & James 2001- 2012 and Dacheng (now Dentons China) 2012-2016 quickly followed. In 2012, we founded JLPW CROSSBORDER ASIA, a regional law firm network.
In JLPW, we developed the current due diligence system adopted and used by industry participants in capital markets transactions in 1999. I assisted the review of the 2020 Due Diligence Guide for Malaysia with investment bankers, accountants, capital market lawyers and other industry participants.
I currently lead our Japan Services Group, assisting Japanese companies venturing into Malaysia and South East Asia with market entry strategies, M&As and post merger integration advisory together with our Japanese speaking team.
I am also leading our China Services Group and regional JLPW Belt and Road Services Group assisting Chinese companies investing and undertaking Belt and Road projects in Malaysia and other ASEAN countries.
As leader, strategist, chief talent scout, builder and problem solver, I have initiated and developed various practice groups in JLPW and am now leading our Legal Tech initiatives to better support our clients in the new Digital Economy.
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