Event

Event

 

Can Force Majeure and Frustration be of Avail to Avoid Contractual Obligations due to COVID-19 Pandemic?

8 Jul 2020 - Wed / 1 day / 10:30am - 11:30am / CPD Live session on Zoom

This CPD Live session explores two contractual latitudes that may provide some recourse and relief to contracting parties, namely the force majeure clause and the doctrine of frustration.

Law Student: RM 0
Member: RM 0
Members Admitted From 1 July 2011: RM 0
Non Member: RM 60
Pupil In Chambers: RM 0
Organisers: Bar Council

CPD Points: 1
Circular No:
Event Code:
T3/08072020/BC/BC201031/1

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Description

This CPD Live Session carries 1 CPD point.

It is free of charge for Members of the Bar, pupils in chambers, and law students, but advance registration is required. The registration fee for non-members is RM60.

Upon successful registration, a link to the CPD Live Session will be emailed to registered participants only. Registration will close at 3:00 pm, on 6 July 2020 (Monday).

No additional registration will be accepted once the closing date has passed, or if the CPD Live Session is full.

The CPD Department may not permit future registration if you fail to attend a CPD Live Session after registering, unless you provide an acceptable and valid reason(s).

Since the declaration of the coronavirus disease 2019 (“COVID-19”) pandemic by the World Health Organization (“WHO”) on 11 Mar 2020 and the subsequent Movement Control Order (“MCO”) enforced by the Government, many common business owners have been pondering on the tough times ahead in fulfilling their contractual obligations and/or contractual covenants.

Due to this dislocation of their businesses, they risk breaching contracts that they have executed with the repercussions of being sued in court, and facing the consequences of being adjudged bankrupt or winding up their companies. This will be a situation that contracting parties will attempt to avoid as it will have a serious impact on commercial arrangements.

This CPD Live session will express the views of the speaker during these times and explore two contractual latitudes that may provide some recourse and relief to contracting parties, namely the force majeure clause and the doctrine of frustration.

CPD Live is an initiative by the Bar Council during the Movement Control Order, so that Members and pupils are not deprived of continuous learning during these times.

Come join CPD Live at the comfort of your own home!

Speaker

Ranjan Datuk N Chandran graduated with a Bachelor of Laws (2nd Class Upper Honours) degree from University of London in 1994 and completed the Certificate of Legal Practice in 1995. He was admitted to the High Court of Malaya in 1996 and has been in practice for 25 years. He had his own practice under the name of Ranjan Chitravathy & Nik for 16 years from 1999 to 2015.

In 2016, he joined the firm Hakem Arabi & Associates as a partner. He appears frequently as counsel in the Appellate Courts and the High Courts. He has a passion for writing articles and has had many of his articles published in law journals on alternative dispute resolution (“ADR”), mediation, section 176 Scheme of Arrangement of the Companies Act 1965, judicial management, as well as articles on the proposed COVID-19 Act of Parliament and this webinar on force majeure and frustration.

Terms and Conditions

A Step-By-Step Guide to Join the CPD Live Session

(1) For seamless streaming, download the Zoom app
You will be given a webinar ID and a password to join CPD Live once your registration has been confirmed.

(2) Log in to Zoom, and provide your username
For Members of the Bar or pupils-in-chambers, use the format below for identification purposes when prompted:

Full name (as per NRIC) | Bar Council membership number or petition number

For non-members, provide your full name only.

(3) Setup your space
Ensure that you have a strong Internet connection. You may use an earpiece with microphone for clarity.

(4) Mute your microphone
When CPD Live is ongoing, please mute your microphone on Zoom at all times to ensure there is no interruption from your end.

(5) You may raise questions during the Question-and-Answer session only
Please take note that no speaking is allowed when the CPD Live Session is taking place.

If you wish to raise a question, please type in the chat box and the speaker will respond accordingly.

(6) Please, do not do this
Screen recording, sharing the webinar ID and password links, reproducing the content of the CPD Live Session on any platform are strictly not allowed.

Any unregistered person may be removed without prior notice, and no CPD point will be awarded. Failure to adhere to this may result in disciplinary action by the Bar Council.

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Event Policy

Places are limited and registration is on a first-come, first-served basis.

For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.

For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.

Cancellation 

Cancellations must be made in writing.

If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.

Refunds 

Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:

  • Full refunds will be issued if the event is cancelled or postponed by the organiser due to some circumstances.
  • No refunds for this course. However substitution is allowed.

The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.

Transferral

You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.

Attendance 

CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.

Privacy 

The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.

Disclaimer

  • Materials will be emailed only. No printed notes will be provided.
  • No recording of the event is permitted via any means at any time.
  • No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).

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