Leading domestic firm Skrine excels in all categories of dispute resolution. It stands among the best firms for contentious matters relating to arbitration, commercial, competition, construction, intellectual property, labour and employment, and white-collar crime. The firm is rapidly growing its experience in niche sub-specialty areas such as commercial fraud, aviation, oil and gas, ratings and assessments and anti-dumping disputes. The team is stacked with at least 22 partners, including a set of senior counsel leading the practice, each with more than 25 years in practice.
Key partners within the team, who are also notable counsel in their respective fields, are Khoo Guan Huat, Mubashir Mansor and Ivan Loo. Other recognised partners include Sharon Chong, Preetha Pillai, Siva Kumar Kanagasabai and Kuek Pei Yee.
In one case highlight, the firm is representing 1Malaysia Development, a government-linked company, and four of its subsidiaries in an action against the former prime minister of Malaysia Najib Razak, former board members and former senior employees. The matter involves allegations related to fraudulent misrepresentation, breach of statutory duties, breach of trust and fraudulent misappropriation. This high-profile case is worth a staggering $7.8 billion.
Another significant commercial dispute sees the team representing Bursa Malaysia Securities in four separate actions involving challenges to decisions made by their listing committee and appeals committee pursuant to their statutory role and duties. The said actions, which have been resolved in favour of Bursa, have addressed novel issues on Bursa’s powers and the interpretation of the listing requirements which govern the same.
In an ongoing construction matter, the firm is representing Dhaya Maju LTAT in a civil suit against the Government of Malaysia, minister of transport Wee Ka Siong, Opus Consultants and Keretapi Tanah Melayu relating to the design, construction and upgrading of the double track and related systems. The contract for the project was awarded by the Ministry of Transport to a joint venture company formed between a leading contractor, Dhaya Maju Infrastructure (Asia), and Malaysia’s Armed Forces Fund Board – known as Dhaya Maju LTAT. This suit will examine whether a consultant may be held liable for tort of inducement of breach of contract through its interference in a government decision to terminate a construction contract with a contractor and in a case where termination was done on public interest grounds.
The construction team is also representing Hunza Gurney, Hunza Properties and Beachfront Services, major property developers in Penang, Malaysia, in a civil suit in the Penang High Court in relation to the Gurney Paragon Development – which comprises Penang’s top shopping mall and a residential tower of luxury condominiums – brought by the joint management body of the Gurney Paragon Residential. This dispute is significant as there are no reported cases in Malaysia which deal with separate maintenance and management issues in the context of mixed-use developments.
On the white-collar crime scene, the firm is representing the Customs and Tax Administration of the Kingdom of Denmark in a civil suit against multiple Malaysian entities and their officers to recover approximately RM1 billion ($227 million). This matter has been described as the largest fraud in Denmark, costing the Danish government DKr12.7 billion ($1.8 billion). The fraud was perpetrated using pension funds and entities in multiple jurisdictions. Legal proceedings have been filed in the UK, USA, Dubai, Germany, Luxembourg, Canada and Malaysia.
The firm also acted for the largest Malaysian statutory port authority in pursuing a claim against the former developer of the Port Klang Free Zone project. The claim was filed in order to invalidate a contract entered into in respect of the construction of the Port Klang Free Zone. The basis of the claim was on the ground that the contract was void for lack of consideration.
Partner Leong Wai Hong joined the bench as a judicial commissioner of the High Court in February 2022.
Notable clients of the disputes group include Habib Jewels, HSBC Amanah (Malaysia), Malaysia Airports Holdings, MCC Overseas, Petronas Carigali and TS Global Network.
