Malaysia

Review

Dispute resolution
AmerBon Advocates

AmerBon Advocates is renowned for its civil and human rights, and criminal litigation practices. In particular, its specialist business and human rights (BHR) team has been advocating with the Malaysian government to formulate national action plans on BHR. The firm is also experienced in handling advocacy on a wide range of other legal issues, from international law and constitutional and administrative law to commercial and corporate disputes, and construction and land claims. Last year, the team was engaged in various contentious matters involving corporate fraud, white-collar crimes and anti-money laundering prosecutions. Its criminal law set has been busy defending clients in high-profile, high-stakes criminal prosecutions. For example, the team counselled the state of Sabah’s former chief minister and won him an acquittal last June of nearly 50 corruption and money-laundering charges. The firm spends nearly 40% of its time and income on pro bono work in public interest cases.

Co-founders and partners Amer Hamzah and Edmund Bon are leading and respected figures in the market, particularly for criminal law and human rights law, respectively.

In commercial and transactions, the firm is representing Mantab Marine Resources in a contract dispute against Malayan Energistik Solutions. The contract involves extraction of marine sand, with matters relating to vessels and maritime licences. In another case, the firm is representing Suruhanjaya Perkhidmatan Air Negara, the national water commission of Malaysia, in filing a suit against development companies including TSR Ocean Park and Dutamas Permai for outstanding sums to the Sewerage Capital Contribution Fund.

In the white-collar crime space, the firm has been representing Datuk Seri Panglima Abdul Azeez bin Abdul Rahim (Azeez) at the Kuala Lumpur Sessions Court in defending several charges, including three offences under the Malaysian Anti-Corruption Commission Act 2009 (MACCA), and nine offences under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. The total sum involved is around $32.5 million.

Another ongoing white-collar crime highlight sees the firm representing an individual who was charged under Section 18 of MACCA for allegedly misappropriating funds and deceiving the principal.

Recent publishable clients of the firm include Bestinet, Infthira and United Nations Development Programme.

Client feedback

“They provide quality legal services based upon extensive research and well-drafted legal arguments.” – Construction

“Well-thought-out litigation strategy, and effective trial work.” – Real estate

“AmerBon Advocates identified the scope and details of court action that can be taken accurately. The team also prepared comprehensive statements and supporting bundles of documents. They also showed deep understanding of the legal documents pertaining to the various aspects that would affect the case. The team was attentive in court and was able to counter the defendant’s lawyers where they had tried to mislead the witnesses and clarify that with the judge. They were able to question the defendant logically and effectively showing and proving their misdeeds.” – White-collar crime

Edmund Bon

“Demonstrated in-depth knowledge of the law. He is a skillful advocate.”

“Excellent cross-examination of witnesses and overall strategic thinker.”

Aravind

Under the leadership of Aravind Kumarr, a seasoned litigator who has close to a decade of experience on the Malaysian legal scene, newly established firm Aravind focuses on corporate and commercial disputes, with a knack for cross-border disputes of such nature. Prior to setting up Aravind, Kumarr was a partner for three years at another leading law firm in Malaysia.

Commercial disputes samples showcase the firm acting for Hasrat Budi, the subsidiary of Eco World Development Group, in a staggering multi-million ringgit shareholder dispute; acting for offshore hedge fund entities, namely Global Opportunity Master Fund and Special Opportunity Master Fund, in a dispute concerning their investments in Malaysia; and acting for Eco Sky Development in various liquidated ascertained damages claims brought by homeowners for alleged late delivery.

Azim Tunku Farik & Wong

Azim Tunku Farik & Wong is a trusted expert in the legal market for insurance matters. Its niche specialty and established 30-year history in Malaysia have made it a trusted go-to partner for insurance players. In fact, the firm proudly sits on the panels of all the insurance companies operating in the country. The firm has a thriving and busy practice for dispute resolution in this space. Recent areas of growth for the team include medical malpractice insurance, directors’ and officers’ indemnity insurance and reinsurance disputes.

The chief contact is senior partner and insurance litigation specialist Tunku Farik Tunku Ismail.

Baskaran

Baskaran is a respected boutique firm best known for its construction expertise due to its involvement in many of Malaysia’s iconic projects. It also focuses on the energy and technology sectors. The firm has a particular strength in railway projects, having advised on every major Malaysian railway project over the last 20 years. Baskaran lawyers regularly appear as counsel in adjudication, arbitration, civil and mediation proceedings to resolve construction disputes. Several of these proceedings’ judgments have offered clarity and set precedent on significant aspects of the law in relation to adjudication and arbitration. The lawyers are adept at handling contract disputes in its focused industries.

Founder Thayananthan Baskaran is the lead figure for contentious matters.

Cecil Abraham & Partners

Established in 2015, Cecil Abraham & Partners continues to win praise from the market as one of the leading commercial disputes firms. Its eponymous senior partner is revered as one of the top advocates in the country, a familiar name on many landmark cases. The firm handles complex, novel contentious issues across a wide swathe of financial and corporate practice areas and provides the full suite of dispute resolution services, from advisory and strategy to litigation and arbitration. It also has experience in environmental, media, property and telecommunications matters. The firm’s arbitration practice is extensive, with Abraham having sat as chair, sole arbitrator and co-arbitrator in over 100 commercial arbitrations under a wide variety of international rules. The firm advises and acts for Fortune 500 companies, media conglomerates, government-linked companies and high-net-worth individuals to not-for-profit entities, charities, private individuals and private limited companies.

Abraham heads a leadership team that includes partners Rishwant Singh, Sunil Abraham and Aniz Ahmad Amirudin.

In one construction case highlight, the firm is acting for Malaysian Resources Corporation in respect of four separate arbitrations relating to the Desaru Coast development, which is part of the Malaysian government’s plans to bring investment and tourism to the East Coast Economic Region development that boasts an integrated destination resort. The value of each of the four arbitration proceedings is in the region of $112-123 million.

The firm’s IP team has been acting for Shopee Mobile Malaysia in defending copyright infringement claims brought by two film production companies. The significance of these two cases is further emphasized by the growth of e-commerce platforms in the light of the Covid-19 pandemic, concerning whether the Copyright Act 1987 has provided sufficient protection to e-commerce platforms in preventing a flood of copyright infringement claims against e-commerce platforms for the infringing acts of the sellers on such platforms.

Hercules Engineering, Kining Exeton, Lynas Corporation, NRY Architects and Yinson Holdings worked with the firm in the past year.

Cecil Abraham

“Cecil Abraham's positive attributes are in the manner he conducts and presents complicated legal issues. He is considered the best civil lawyer, including in arbitration, in this region.”

Cheah Teh & Su

The dispute resolution group at Cheah Teh & Su maintains a steady and respected presence in the market. Senior partner. The team offers a full range of dispute services such as litigation, arbitration, adjudication and mediation. In particular, the firm’s specialties include acting in complex commercial and corporate disputes, construction arbitrations, and conflicts in real estate and land acquisition matters.

Managing partner Meng Teck Teh leads a seven-partner disputes squad that includes senior partners Sivaneindiren Selvanandam and Kong Leng Pang.

Cheang & Ariff

Chooi & Company + Cheang & Ariff provides a robust dispute resolution practice. The group comprises experienced litigators and seasoned arbitrators, many having advocated at the trial and appellate stages and appeared in arbitration proceedings under various fora rules. The litigation arm of the firm is best known for its corporate and commercial, intellectual property, and labour and employment expertise. It has a deep bench of 14 partners and more than 30 associates, which ensures the team covers a broad range of other disputes areas as well such as property, commercial fraud, trusts and estates, construction, banking and insolvency. The firm also has a dedicated criminal law and public interest litigation practice.

The team consists of many leading names, such as managing partner Loh Siew Cheang, Christopher Leong, Ira Biswas, Cindy Goh, Tuck Sun Lim, Brian Foong, Yeong Hui Yap, Nicole Wee and Shamala Balasundaram.

In an ongoing labour-related highlight, the firm is representing KS Seafood & Frozen Supply, whose former employee committed fraud and has been arrested. The firm is assisting the client and contemplating legal action to recover its losses. Another case has the team acting for Aureumaex Industries in defending a suit in the High Court brought by its former employee who was terminated by the client.

On the intellectual property front, the firm defended Russian company SPC Diatech in a claim concerning seven causes of action: defamation, tort of inducement for breach of contract, unlawful interference in the main claim and a counterclaim concerning breach of contract, copyright infringement and breach of confidential information. The merits of the case were that it involved numerous causes of action and many complex issues relating to patented technology. This case also involved novel issues concerning equitable ownership of copyright and principal-agent relationship as well as contractual issues.

In another IP dispute, the firm acted for well-known Brazilian kitchen cutleries and knives manufacturer Tramontina in a trademark infringement and passing off suit. This case involves issues concerning consignment being raised here and evidentiary law. The court examined the physical original and infringing product themselves before deciding and did not just rely on photographs.

The firm promoted Lim Ke Xin to partner in January 2022.

Notable clients include Criss-Cross, Hokuto Corporation, Inver House Distillers, Pan Pacific Retail Management and Pegasus Aqua.

Client feedback

“Advice is fast and accurate. Always able to attend to queries promptly.” – Commercial and transactions

Janet Chai

“Knowledgeable on various types of law, prompt and accurate advice.”

Christopher & Lee Ong

Best known for its competition and shipping expertise, Christopher & Lee Ong also delivers a consistent and respected dispute resolution offering across all major corporate and commercial practice areas and industries. The sizeable team sits at 13 partners with specialties in banking litigation, corporate commercial disputes, construction disputes and adjudication, employment conflicts, shipping disputes and contentious insolvency matters. The firm enjoys strong relationships with the country’s regulators and is part of the Rajah & Tann network.

Key contacts for disputes related work are commercial litigation partner John Mathew and intellectual property specialist Sri Sarguna Raj.

In commercial and transactions, the firm is representing FGV Prodata Systems (Prodata), a subsidiary of FGV Holdings, in defending a suit initiated by VDSL Technology for breach of contract arising from the Felda Broadband Initiative Project. The firm has filed in the defence of Prodata in resisting the purported claim of VDSL and contended that there was no concluded contract between VDSL and Prodata in respect of the implementation of the project. Another commercial dispute sees the firm acting for the Siemens entities in respect of a claim filed in the Kuala Lumpur High Court by Bank Kerjasama Rakyat Malaysia.

The firm’s recent client roster includes CIMB Bank, Kuwait Finance House, Malayan Banking and PAE National Security Solutions.

D&P Law Group (David & Paulian)

Making its debut in Benchmark Asia-Pacific, D&P Law Group (David & Paulian) provides a comprehensive and diverse array of litigation services that ranges from commercial litigation, construction, insolvency and employment to intellectual property.

Managing partner Shaun Paulian and Melvin Ng are key figures.

The firm is currently representing the joint management body of a luxury condominium in a dispute with a developer for alleged conspiracy, unlawful interference and breach of statutory duties. In another case, the firm is acting for a Malaysian oil, gas and energy company and its majority shareholder in a dispute involving the abortion of a share sale agreement and counterclaim for specific performance, with a total value of shares of more than $2.5 million.

All details of clients the firm has advised on remain confidential.

In light of the growing demands of work in East Malaysia, the firm has begun an initiative to set up an office in Sabah, going into partnership with dually qualified practitioners. This will enable the firm to become a holistically Malaysian practice and to be able to service both sides of the channel.

Harold & Lam Partnership

Harold & Lam Partnership enjoys a sterling reputation for its construction group, part of its wider dispute resolution offering. Partner Wai Loon Lam is universally acknowledged as a leading figure in the construction adjudication circuit. He has been involved as counsel in numerous reported construction decisions and has been referred to as amicus curiae where novel questions of construction law are involved. For general commercial disputes, the firm has extensive experience working with clients in the consumer product and plant, equipment and machinery sectors. Recently, the department has seen an uptick in corporate disputes and insolvency litigation, and has worked on contentious matters involving medical negligence, finance and defamation.  

Alongside Lam, the main partners helming the disputes practice are Serene Hiew, Harold Tan and Rohan Jeyabalah.

The team successfully represented Al-Ambia, the main contractor of a high-rise office building, in its claim against the glass and aluminium facade subcontractor at the High Court, Court of Appeal and the Federal Court in respect of breaches of contract arising from facade glass panels that had delaminated over time.

Another significant matter sees the firm representing the minority shareholder of a company under liquidation to commence a suit against the executrix of the estate of a deceased director for the recovery of certain debts in outstanding director’s loans and for damages arising from wrongful recordings of the company’s accounts by the deceased director amounting to more than $1.6 million.

The firm also acted on behalf of Sunway Construction in defending a suit brought by a bank pursuant to a signed but undated letter of undertaking and notice of assignment which their client was not informed  had taken effect. Whilst the matter was settled without a decision from the court, it shows the impact of signing an undated agreement, and the importance of ensuring that the date of an agreement must be agreed upon in writing.

Key clients include Ahmad Zaki, EG Vision Online, Setiakon Builders, Sunway PKNS, Syarikat Bukit Granite, United Shipping Logistics and Target Resources.

Client feedback

“They are dedicated, clear and effective when presenting their cases for their clients.” – Commercial and transactions

“Harold & Lam Partnership has made its mark in the construction industry in Malaysia and they are very well-versed in construction law. They always strive to think from the client’s perspective and provide very commercially sound and practical legal advice.” – Construction

“Harold & Lam are excellent solicitors providing very good service and being knowledgeable as well as efficient.” – Construction

“The team is highly responsive and to the point.” – International arbitration

Rohan Arasoo

“Attention given to the files handled, including excellent oral and written advocacy.”

Lynn Foo

“What makes Lynn stand out is that she not only provides excellent and sensible legal advice to her clients, she comes across as genuine, competent, calm, sensible, personable and likeable. She communicates clearly and is always patient in guiding her clients in solving complex legal issues in an understanding and caring manner. Easy and a pleasure to work with.”

Amy Hiew

“Amy is very on the ball and happy to work with us. I feel trusted and safe working with her, knowing that we have a healthy mutual respect for each other.”

“Their partner, Amy Hiew, is extremely easy to work with and I am pleased to have had the chance to work with their team to assist the client.”

Joel & Co

Established in 2016, Joel & Co is a young, dynamic full-service firm that focuses primarily on corporate and commercial disputes. Its founding partner, Joel Kon, is also experienced with contentious intellectual property matters. Clients range from multinational companies to local SMEs.  

Commercial litigation highlights include acting for Neutrovis in a cross-border arbitration matter involving a breach of contract by a foreign manufacturer where the subject-matter goods manufactured by the foreign manufacturer has infringed the Malaysian Medical Device Authority Act 2012; representing an investment holding company owned by a public listed individual for the commencement of a suit for a sale and guaranteed lease-back arrangement with a property developer on a land matter; and representing family members of Poh Kong Holdings, the largest public listed jewellery chain in Malaysia, in defending a property developer’s suit arising from the termination of numerous sales and purchase agreements due to the developer’s failure to construct and complete the project promptly.

Nano G Central, Ohako Residence, Sense Embroidery and Wan Computing & Consulting instructed the firm as well last year.

Joel & Mei

Joel & Mei provides a comprehensive and diverse array of litigation services that ranges across general litigation, intellectual property, corporate advisory and family law.

Since the firm’s founding in 2012 by Phan Hong (Joel) Lim and Kam Mei Aw, the duo has been maintaining their professional focus in IP and commercial and transactions. Other key figures of the firm include Sri Richgopinath Salvam, Wee Xin (Bryan) Teo and Pei Ying Chew.

On the commercial and transactions front, the firm is currently representing Synn Palm Oil and Ng Chong Geng & Sons in a dispute against Chow Kee Palm Oil Mill Holding for breach of a lease agreement in relation to a palm oil mill. The firm is also representing Lionel Tan Boon Leng, a minority shareholder of VPC Global, in a minority oppression suit against the majority shareholders.

In intellectual property, the firm is advising Salutica Allied Solutions on a patent infringement suit against Apple Malaysia before the High Court in Kuala Lumpur. Another IP dispute sees the firm acting for Great Food Industries in a passing off, copyright infringement, conspiracy to injure and unlawful interference with trade suit before the High Court. The firm is also acting for Great Food Industries in defending trademark infringement and passing off claims.

HT Ceramic, Penerbitan Inspirasi, Swift Logistics Yard and Yon An Development instructed the firm in the past 12 months.

LAW Partnership

Law Partnership offers a scope of dispute resolution services in multiple practice areas, including commercial disputes and investigations, employment, intellectual property, and technology, media and telecommunications. The firm is best known for its IP practice, though its handling of white-collar crime and labour and employment disputes is gaining traction. The latter is due to the efforts of dedicated employment partner Nimisha Jaya Gobi.

The firm’s founding partners, Suaran Sidhu and Brian Law, are frequently seen in the courts for IP matters and on enforcement actions. Its client base ranges from SMEs and technology start-ups to locally listed companies and global conglomerates. Law Partnership is the local relationship firm of the global firm Eversheds Sutherland. Under the umbrella of these networks, the firm predominantly takes the lead on matters within the Malaysian jurisdiction.

Key contacts are managing partner Sidhu and partner Law.

The firm’s IP team successfully assisted the Ministry for Domestic Trade and Consumer Affairs in the raid of a warehouse that contained fake Shell lubricants. During the raid, various lubricants such as transformer oil, compressor oil, truck and heavy-duty engine oil, grease and slideway oil for the use of heavy vehicles were found. Labels and bottle caps with the Shell logo were also found and seized. The case is being investigated.

In another ongoing IP dispute, the firm is representing a renowned multinational low-cost airline in resisting an infringement claim filed by the flag carrier airline of Malaysia and a member of the Oneworld airline alliance and its subsidiary at the Kuala Lumpur High Court.

Other clients the firm has advised on remain confidential.

Suaran Sidhu

“Excellent advocacy skills and provides sensible and sound advice with business acumen.”

Lee Hishammuddin Allen & Gledhill

The dispute resolution group at Lee Hishammuddin Allen & Gledhill is one of the oldest, largest and most respected in the market. The scope of its coverage is wide, with dispute specialists occupying every niche within the corporate and commercial fields. The firm’s contentious practice is divided into area-specific practice groups that offer specialist assistance in general commercial disputes, banking and insolvency litigation, and construction and real estate disputes.

The practice area heads within the disputes group are Lambert Rasa-Ratnam, international arbitration and energy specialist and tax group leader Nitin Nadkarni, and banking and insolvency specialist Kumar Kanagasingam. Other notable names within the team include partners and banking experts Andrew Chiew Ean Vooi and Sean Yeow, corporate disputes and insurance specialist Vijay Kumar, corporate disputes specialist SM Shanmugam and labour and employment specialists Lim Heng Seng and Shariffullah Majeed.

In commercial disputes, the team represented a director of Nautilus Tug & Towage in an action filed in the Kuala Lumpur High Court for leave to initiate statutory derivative proceedings under the Companies Act 2016 against members of its management and directors for breach of their statutory and fiduciary duties. The case is of significance as there are only a handful of reported decisions pertaining to applications for leave to commence derivative proceedings under Section 347 of the Companies Act 2016 and its predecessor, Section 181A of the Companies Act 1965.

In another notable dispute, partner Mong Chung Seng and his team advised Malayan Banking on the opposition of the judicial management application filed by publicly listed company Scomi Group. This is the first decision by the Court of Appeal and High Court on the issue of whether publicly listed companies are precluded by Section 403 of the Companies Act 2016 from applying for a judicial management order.

In the construction sphere, the team represented Area Ventures (Area) in an application to stay court proceedings pending arbitration, in response to a suit initiated by AMEC Construction under a settlement letter for works arising out of the construction of a logistic facility. Area disputed the settlement letter and AMEC’s entitlement to some of AMEC’s variation claims.

An ongoing IP dispute sees the IP team representing Montana Cycle in defending a claim commenced by a foreign manufacturer and its licensee in Malaysia, for trademark infringement and passing off. The team is also assisting Malaysia-based record label company RedRecords company RedRecords in a complex and potentially precedent-setting copyright dispute with one of the artists on its roster. The suit will put to the test copyright laws in Malaysia and may create several precedents on various aspects of intellectual property laws, including the ownership of copyright over songs and how this ownership may or may not be altered in light of the exclusive artist agreement. The outcome of this case is likely to have an impact on the music industry in Malaysia, especially on the rights and obligations between a recording label and its artists.

A labour and employment team, led by Lim Heng Seng, is currenting representing the United States of America in her appeal to the apex Federal Court against the decision of the Court of Appeal which had set aside the determination of the High Court declaring that the dismissal of a security guard engaged by the US embassy is immune from the jurisdiction of the Industrial Court. The Federal Court held that the proper forum was for the Industrial Court to hear the issue of sovereign immunity and this matter is waiting to be reinstated to the Industrial Court. The issues raised in this case are significant to clarify and state the scope and extent of the application of the restrictive doctrine of sovereign immunity in employment disputes.

The firm’s tax team successfully acted for the professional liquidators of Deloitte in securing a full and unconditional discharge of $25 million in income taxes assessed by the Inland Revenue Board. This is one of the largest tax disputes, which started in 2021. The outcome of this matter has an enormous impact on professional liquidators in Malaysia. This is one of only two cases concerning the tax treatment of properties disposals during liquidation. In another highlight, the firm is representing HICOM Automotive Manufacturers in judicial review proceedings to challenge Customs Department’s decision to raise a Bill of Demand exceeding $7.9 million in respect of excise duties allegedly underpaid. This was one of the largest customs disputes in 2021.

The firm’s recent client roster includes Ban Heng Bee Rice Mill (1952), BMW, Cash Band, Keretapi Tanah Melayu, Securities Commission Malaysia, Sunway Winstar and Syarikat Kilang Padi Maju.

Client feedback

“Their services are deliverable and meet our expectations.” – Commercial and transactions

“The firm understands the nature of our business and the regulatory requirements, ensuring that the interest of the organization is safeguarded. They are knowledgeable and well versed in a diverse area of law. We have previously sought legal advice on contract and employment laws.” – Commercial and transactions

“The lawyers are responsive and effective. The firm provides various legal options with sound commercial advice.” – Commercial and transactions

“They understand the issues and make sure that all angles were covered before the hearing of the case.” – Commercial and transactions

“The planning and strategy by the team at Lee Hishammuddin Allen & Gledhill was impressive. They were clear and crisp on the way to achieve our objective. As clients, we were very happy with the no-nonsense approach.” – Commercial and transactions

“Well, it is fairly difficult to find a competent lawyer to truly understand the complexity of the palm oil business, even though the palm oil industry is contributing 8% of Malaysia’s national GDP. In this respect, Dev knows our business and the industry very well. He can give excellent advice with a comprehensive rationale. He is capable of providing us with understanding from both a legal and a commercial perspective, and is able to convey it simply and efficiently.” – Commercial and transactions

“They are professional with full clarity of line of action and timely communication.” – Commercial and transactions

“The firm has good lawyers specialised in various fields, including specialist lawyers in adjudication in particular under the Malaysian Construction Industry Payment and Adjudication Act, in arbitration for construction contracts, etc. We won the adjudication case against the employer. It is a sizeable company and is able to take on big jobs. They are very knowledgeable and able to think out of the box in providing sound strategies and advice. They are client-oriented, customer-focused and open to discussion.” – Construction

“LHAG is one of the top law firms and is very experienced in handling disputes of a complex nature. LHAG strives to provide a well-rounded service to their clients and pay great attention to detail.” – Construction

“The team I dealt with explained and guided us throughout the process with regards to the structures and required information in preparing related documentation. They conducted proper planning and a timeline for the overall process and kept track of delays and changing situations to meet the end deadline. They also provided related advice, especially in facing some impeding hurdles. They can also grasp and understand technical matters related to the case.” – Energy

“They provide a gamut of services which has been very helpful to my family as we’re able to manage with one law firm for different legal services.” – Family and matrimonial

“LHAG is excellent to work with as co-counsel. The lawyers are knowledgeable, quick to respond and commercially oriented.” – International arbitration

“Lee Hishammuddin Allen & Gledhill provide professional legal advice and their full efforts to fight for the best interests of the company. Their fast response always keeps you updated on the progress of the case. They give a very clear explanation and analyse the pros and cons of the cases for your consideration. Their good service makes you feel comfortable, engaged, and confident to let them handle the case.” – Labour and employment

“LHAG gave solid and sound legal advice with regards to Employment Act and drafted good show cause letters for us to successfully resolve one of the cases.” – Labour and employment

“Case management and strategy was properly charted and executed.” – Labour and employment

“Apart from their knowledge on the legal advisory, I appreciate the approachability of their team. When the two-way communication between clients and lawyers is established, it will be effective for the clients to raise their issues and objectives, as well as for the lawyers to understand the clients' needs and requests.” – Labour and employment

“Amardeep Singh and his colleague, Ashreyna Bhatia are very attentive and have been very consistent in providing necessary assistance to us on how to handle the claim. They are always willing to accommodate last-minute requests in relation to the IR claim, when possible. Amardeep's advice is very thorough, on point and covers all aspect of the questions posed or issues raised to him.” – Labour and employment

“They give the best solution to all related employment issues, with the most practical approach. Currently this legal firm is a key adviser in presenting on amendment of Employment Act 1955 (amended in 2022). Their awareness and sharing programme benefit all industry players in Malaysia. The firm offered free webinar sessions and clarification on major employment issues in Malaysia. Mr. Amardeep Singh is the best adviser from this firm, especially his expertise in employment issues.” – Labour and employment

“Partners Nitin Nadkarni, Jason Tan and senior associate Pei Roo (Chris) Toh are all experts in their field and are able to provide effective, sound and practical advice on very short turnaround time.” – Tax

Ean Vooi (Andrew) Chiew

“He takes ownership of the case and carries out deep research into the facts of case. He applies the law to the facts discovered and formulates arguments and counter-arguments.”

“He is well versed in litigation and very sharp in defence. He reads up on the necessary laws and precedents fast and applies them efficiently in court. His use of languages in court and the way he brings out the salient points of law earned him the respect of his peers, as well as those on the bench, if I may add.”

Jack Hoi

“Strong knowledge of insolvency laws and able to provide solid, sound legal advice constantly throughout our long-disputed and complex engagement. Jack advises us on one particular court liquidation case matter, and we are pleased with Jack's service and advice throughout.”

Shariffullah Majeed

“Well prepared and very knowledgeable.”

SM Shanmugan

“Shanmugam displays his passion towards litigation, specifically involving fraud. This was reflected in his ability to master the complicated facts, making it interesting and easy for the judges to understand.”

“He is an experienced litigator who can represent clients in big cases. This was clearly demonstrated in the appeals he conducted at the Court of Appeal and Federal Court.”

“He stays looped in with the matters and weighs in as needed. He’s been very responsive and willing to do the necessary.”

Darshendev Singh

“Extremely practical and a pleasure to work with. He knows the client's business. He is pragmatic and sensible.”

“Dev is client-driven. As a client, we always want our lawyer to stay focused in all decisions and efforts for what is in the best long-term interest of our company, and often Dev is capable of going beyond our expectation. He is a hardworking lawyer willing to fight every single bit of the way for us.”

“Commitment, clarity of thought and proactive attitude. The steadfastness with which Darshendev pursued our interests was very enterprising and the reason for the optimum relief we obtained in our litigation – and also the beginning of a very long friendship.”

“He has very good knowledge of his area of expertise. He is meticulous in covering all issues of contention or all angles. Other than that, he always provides his best for his clients, and he is able to think out of the box in relation to strategies and providing professional advice.”

“Darshendev is great at providing commercial and practical solutions to complex legal disputes. He also pays great attention to detail and is always well prepared for every matter. His superb ability to grasp the issues at hand and find answers to every issue makes the client feel assured that he is constantly advancing the best case for them. Darshendev is also constantly reachable and responsive at all times.”

“The firm has strong commercial awareness – and the lawyer, Dev, is the man for us. It is fairly difficult to find a competent lawyer to truly understand the complexity of the  palm oil business even though the palm oil industry contributes 6% of Malaysia’s national GDP. In this respect, Dev knows our business and the industry very well. He can give excellent advice with a comprehensive rationale. He is capable of providing us with understanding from both a legal and a commercial perspective, and able to convey it simply and efficiently. We eventually successfully accomplished enforcement of the award.”

Amardeep Singh

“Gives very good ideas on how to engage with employees and to avoid future disputes.”

“Mr. Amardeep's legal advice is to the point as well as providing practical solutions to issues that arose. He is very knowledgeable of the employment law as well as the practice of the law.”

“Very responsive and willing to listen.”

“Very thorough and detailed in his advice to us. This comes from his vast knowledge and experience in the industry. He's consistent in providing updates on the case and is always available to jump on a call when we need him to provide specific advice.”

“Very experienced and shares excellent input. He advises with multiple solutions and options with strong justification.”

Hooi Ping Tan

“Very detailed in her follow-up and she also communicates well.”

“She is responsive and very professional. She always advises for the best interests of our company.”

Jason Tan

“Able to understand the customer’s problem and industry well in handling the case.”

Wai Fung Teh

“Ability to understand technical matters related to the undertaken case. Always remains calm and comforting during meetings and discussion sessions. Guides clients well in the expectation for the case and related process. Good time management – makes plans and communicates timelines for each step within the process.”

Wai Chin (Crystal) Wong

“Crystal is easy to work with, knowledgeable and has great client management skills.”

Lien Taa Wong

“He is friendly and easily accessible. He always replies promptly to my inquiries anytime. Lien Taa is a detail person and will put his efforts to prepare all the legal documents or information needed for his client.”

Lim Chee Wee Partnership

Newly established in July 2020, disputes boutique Lim Chee Wee Partnership has hit the ground running. The founding partners were all top litigators at Skrine before setting up their own shop, which handles disputes across the full spectrum of commercial law. It also features strong practices in insolvency, regulatory, and fraud and anti-corruption. Since its commencement, the firm has experienced a resounding uptick in restructuring and insolvency disputes, aviation conflicts and fraud matters. Peers in the market all nod to the strength of the new firm.

A triumvirate of litigation stars round out the leadership, including senior partner Lim Chee Wee, managing partner Lee Shih and partner Kwan Will Sen.

An ongoing matter shows the firm acting for the publicly listed Boustead Heavy Industries Corporation and its subsidiaries, BHIC Defence Technologies and Boustead Naval Shipyard, against a claim for specific performance of letters of award and/or damages of more than $45 million in relation to the ongoing Littoral Combat Ship programme commissioned by the government of Malaysia.

The firm is also acting for AwanBiru Technology and its subsidiary Prestariang SKIN (PSKIN), in a claim against the government of Malaysia. This is a highly publicized case concerning the previous administration’s efforts to review major government contracts after the 2018 general election. This case involves a $166 million claim by PSKIN against the government arising from the expropriation of the $795 million concession agreement to develop a new and more efficient immigration and border control system.

A high-stakes matter sees the team again acting for Boustead Naval Shipyard in a restructuring of its RM1 billion debt by way of a scheme of arrangement. This case concerns the restructuring of debts for the subsidiary of one of the leading government-linked companies in Malaysia, with the majority shareholder being the Armed Forces Fund. 

In competition/antitrust, the firm acted for the Malaysia Competition Commission (MyCC) in the judicial review application against the Competition Appeal Tribunal’s decision which set aside MyCC’s fine of $2.3 million against the national airline, Malaysia Airlines (MAS), and the regional low-cost carrier AirAsia. This is a judicial review application against the setting aside of the fine imposed on the nation’s airline companies due to the collaboration between MAS and AirAsia back in 2011, in the first decision ever issued by the MyCC. This is a significant matter which has attracted wide media coverage.

In a white-collar crime related matter, the firm is acting for Toyota Tsusho (Malaysia), a subsidiary of a Japanese public company listed on both the Tokyo and Nagoya Stock Exchanges, in a cross-border fraud claim. The Malaysian trial proceedings is against 20 defendants and involves more than 25 witnesses. The team obtained freezing and search orders in both Malaysia and Singapore to aid the litigation. It also successfully obtained judgment against the 20 defendants.

Clients that worked with the firm over the past year include Cryptopia, DSG Projects Malaysia, Jade Eservices Malaysia, Johor Corporation, TAEL Group, Thai-Lao Lignite (Thailand) and Top Builders Capital.

Client feedback

“Excellent strategic and substantive advice, strong advocacy before the courts, deep experience and market knowledge, commercially savvy and practical.” – Commercial and transactions

“I choose Lim Chee Wee Partnership (LCWP) as they are not only technically excellent, but they are also strategic.” – Insolvency

“I was instructed on a multi-million-pound LMAA shipping arbitration by Lim Chee Wee Partnership. I thought they were excellent, from the associates to the partners. They were extremely efficient and easy to work with. I was impressed with everyone I worked with. They were always available to assist. I hope to work with them again.” – Shipping

Will Sen Kwan

“Friendly, responsive, cost-effective legal advice.”

“Very responsive and delivers high-quality work.”

“Will Sen is a terrific lawyer. He is incredibly hard-working, responsive and efficient.”

Shih Lee

“Pragmatic, responsive, commercially savvy, excellent advocacy, with a good strategic mind.”

“Lee Shih is one of a kind: personable, knowledgeable and strategic – a real asset in legal any team.”

MahWengKwai & Associates

MahWengKwai & Associates was founded over three decades ago by former appellate court judge, and current firm consultant, Mah Weng Kwai. The 20-lawyer strong firm has an active disputes practice in the areas of commercial and transactions, construction and real estate, labour and employment, and white-collar crime.

The main disputes contacts are managing partner Raymond Mah, who specialises in corporate and civil litigation, appeals and arbitration, and partners Chong Chieh Gan and Christine Toh.

In the construction space, the firm is currently representing property investment company Northern Green Ventures in its compensation claim for a land acquisition arising from water pipes installations by the authorities. Another ongoing matter sees the firm representing the landowners of 10 acres of valuable lands near Kuala Lumpur city centre in pursuing adequate compensation following the acquisition of the said lands.

The labour and employment team represented ASSA Abloy Opening Solutions in the Industrial Court to oppose an unfair dismissal claim commenced by a former external consultant claiming to be a former employee. In another case sample, the team acted for an employee in a constructive dismissal claim against a French company in Malaysia.

On the white-collar crime front, the team is defending an accused person charged under Section 317A of the Capital Markets and Services Act 2007 for allegedly having the intention of causing wrongful loss to a listed company at the material time, Patimas Computers, irrespective of whether the conduct causes actual wrongful loss. The offence is punishable with imprisonment for a term not exceeding 10 years and a fine not exceeding 10 million ringgits.

The firm promoted John Chan to partner in February 2022. Partner Sarah Kambali departed the firm later that year.

Clients the firm recently worked with include Destar Nurani, Iskandar Waterfront, KCSB Konsortium and Pristine Power.

Jasmine Wong

“Excellent communication skills and knowledgeable.”

Ming & Partners

Established in 2020, Mont Kiara-based Ming & Partners’ dispute resolution department represents local and international clients for a wide variety of corporate and commercial disputes. Besides regularly representing clients in Malaysian courts, the firm also represents clients in arbitration proceedings, mediation and negotiations.

Partners Ming Wai (Jordan) Keong and Kuan Lim helm the practice. Keong acts in disputes involving corporate litigation, construction, intellectual property, tax and other general litigation matters. Lim, on the other hand, is experienced in handling IP registrations for trademarks, copyrights and patents.

In commercial litigation, the firm is currently representing Egyptian company Audio Technology Company in a commercial fraud matter against Svetlost Teatar Trading.

In an IP dispute, the team represented Good Man Resources in defending a copyright infringement claim commenced by software developer Explosoft International. This matter is significant as it addresses the issue of whether copyright subsists in a GPS system under the Copyright Act 1987.

Heitech Padu, Honsenz Holding Group, Lysaght Corrugated Pipe, Special Skill Security Services and Splendid Sea are some of the firm’s recent clients.

Client feedback

“Ming & Partners explained every single step and procedure before proceeding with the initial legal suit which led us to have better vision and understanding of the costs that may occur. They understand the appropriate approaches to achieve and maximise the benefit resulting to the client.” – Commercial and transactions

Ming Wai (Jordan) Keong

“Jordan provided legal consultant service to us with good and detailed explanation. He thinks from our perspective and provides face-to-face consultation service for free. He is responsive to client's calls and messages, and he always provides updates at anytime and anywhere.”

“He is brilliant, meticulous and organized. He is also responsive and accessible. His work product is of high quality. His finished work product is always ready for the client's eyes. He shares lots of useful law knowledge and also provides plenty of relevant advice. He is very nice and patient. Dedicated to help and solve problems.”

Ng Zainurul Seke & Khoo

Young and dynamic firm Ng Zainurul Seke & Khoo provides a diverse array of litigation services that ranges from commercial litigation, family law, labour and employment, construction, intellectual property, criminal litigation and debt recovery related cases. Managing partners Ng Kee Way and Khoo Ai Theng are key figures of the firm.

Key work highlights include acting for the chief financial officer of a listed company in suing another company for defamation; acting for a foreigner in Malaysia in divorce proceedings; and acting for a contractor in obtaining summary judgment against the Malaysian Sports Association for failing to pay renovation fees.

Client feedback

“They are very responsible and affordable.” – Commercial and transactions

“They are expert in commercial and transactions in this industry, so glad they helped me so much in settling my issue.” – Commercial and transactions

“Very professional and prompt services provided by this law firm. The team even explained to me the situation and legal issues I am facing and helped me solve the issues very smoothly.” – Commercial and transactions

“Very responsible and always on call. Will explain to you clearly what the next step is going to take on each legal process. Well done!” – Commercial and transactions

Khoo Ai Theng

“Very smart and innovative lawyer. She always appears on TV and talks about legal issues in society. But most importantly she settled my case very promptly and effectively. Such a good lawyer!”

Ng Kee Way        

“Very kind and professional lawyer. Humble yet humorous, and most importantly helped me solve my case. Really appreciate Lawyer Ng’s help in solving my issue.”

Ooi & Ooi

Founded in 2018, the primary focus of boutique firm Ooi & Ooi is dispute resolution. The two founders are a sibling duo that have practised at other premier law firms in the country, such as Lee Hishammuddin Allen & Gledhill and Skrine. The firm has expertise in corporate and commercial, construction, and white-collar crime litigation and arbitrations. Last year, the team handled more than 380 matters alone and impressively won all 80 litigations it entered into for clients. It won four out of five of its construction adjudication cases. Notably, both partners are empanelled as adjudicators by the Asian International Arbitration Centre and are fellows of the Asian Institute of Alternative Dispute Resolution. Last year, Ooi & Ooi secured its position as a panel firm for BCB, Fuji Xerox Asia Pacific, Geoforce and Qingdao Municipal Construction Group.

Partners Nicholas Ooi and Natalie Ooi are the main contacts.

The duo is currently acting for Country Heights Damansara Kuala Lumpur Residents’ Association (CHDRA) and 31 owners of Country Heights Damansara (CHD) against Mega Palm and CHD for breaches of consent order terms. The dispute has been widely reported in the news because an entire neighbourhood’s water supply was disrupted due to lack of maintenance and water infrastructures and has yet to be handed over to the local authorities.

Another notable case saw the duo providing counsel to Geoforce East in the winding up of Melati Evergreen pursuant to its failure to pay the sum awarded by the adjudicator under an adjudication proceeding under the Construction Industry Payment and Adjudication Act 2012.

The firm’s recent client roster includes E-Pro Medical Supplies, Koshy & Co and Perbadanan Pengurusan Merchant Square.

Owee & Co

Owee & Co is a specialist dispute resolution firm, focused on high-value, complex corporate and commercial disputes, civil and commercial fraud, and professional negligence. Its clients span multinationals and listed companies to high-net-worth individuals.

Partner Owee Chia Ming helms the firm’s disputes group.

In commercial and transactions, the team successfully represented the founder of a company in the fitness industry in opposing a minority oppression claim over the issuance of shares in the company which was alleged to be in breach of the pre-emption rights of a shareholder.

In another commercial dispute, the team is currently acting for several substantial contributories of a wound-up public company in the real estate development sector in large disputes over the distribution of surplus assets between three wound-up companies that have cross shareholdings, and ratification of the proposed remuneration of a former liquidator of the company that the firm had successfully removed.

Details of clients the firm has advised on during the research period remain confidential.

P E Lim

Another debut entry into this edition of Benchmark Asia-Pacific, P E Lim is active in commercial and transactions, construction, insolvency and labour and employment. The firm is regularly engaged as counsels for appeals in the Court of Appeal and as counsels for dispute resolution matters involving constitutional law. Pek Eng (Judy) Lim is a key contact.

Key work highlights include acting for a major property developer in Penang and its director in opposing a civil suit premised on the tort of malicious prosecution, injurious falsehood and abuse of the process; acting for five directors of a major jewellery company in Selangor in opposing a civil suit for the return of investment monies; acting for a purchaser of a multi-million ringgit property development in opposing a judicial management application by a property developer in Kuala Lumpur; and acting for a major property developer in Penang in opposing a civil suit for outstanding contractual sums.

Client feedback

“They are efficient and fast.” – Commercial and transactions

Pek Eng (Judy) Lim

“She is approachable and responsible.”

“Good grasp of law.”

“She is honest. She gave me an honest evaluation of the strength of my case and was honest about the legal fees involved.”

“She is very good at client management.”

“Knowledgeable about Malaysian company law.”

Rahmat Lim & Partners

Rahmat Lim & Partners is recognized for its commercial, construction, labour and employment, and shipping disputes work. It has a thriving international arbitration and adjudication practice stocked with experienced partners who have multi-jurisdictional qualifications.

Litigation head Jack Yow, and international arbitration and projects head Yee Leong Chong helm a team of focused partners that includes Allen Choong, Boon Leong Chong, Daphne Koo, Kamilah Kasim and Yeow Han Yap.

In commercial and transactions, the firm successfully acted for GrabCar in defending a $22.6 million claim brought by the Malaysian Association of Taxi, Rental Car, Limousine and Airport Taxi for breach of the Road Transport Act 1987. In another dispute, the firm acted for the Motor Insurers’ Bureau of Singapore in opposing an application by AmGeneral Insurance to set aside the registration of a judgment obtained in Singapore and registered in Malaysia under the Reciprocal Enforcement of Judgments Act 1958.

In the competition/antitrust sphere, the firm is assisting Langkawi Auto Express (LAE) and Langkawi Ferry Services (LFS) in appealing the final decision by the Malaysia Competition Commission (MyCC) to the Competition Appeal Tribunal of Malaysia. The MyCC found LAE and LFS, among other parties, to have entered price-fixing arrangements in the market for the transportation of vehicles via roll-on, roll-off vessels. The matter is currently pending the issuance of decision by the Competition Appeal Tribunal.

A construction-related matter had the firm act for a Dubai-based construction company in an application for recognition of an arbitral award issued by a Stockholm-seated arbitral tribunal constituted under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce against a major subsidiary of a Malaysian-listed company. This case resulted in the first reported decision on the interpretation of the words “‘not yet binding” under the Arbitration Act 2005 in the context of a foreign arbitral award.

The firm promoted Penny Wong to partner in January 2022. The head of the firm’s competition/antitrust team Chin Shiung (Raymond) Yong retired in September 2022.

Notable litigation clients include CECA Gold, CIMB Bank, City of London Investment Management Company, Karun Klasik, Pesat Bumi, Sapura Energy and Vision Pines.

Raja Darryl & Loh

The construction practice at Raja Darryl & Loh wins plaudits from the market, and its medical negligence, labour and employment, and tax practices are similarly well-regarded. The dispute resolution team consists of 13 partners who specialise in contentious matters across the aforementioned areas, along with intellectual property, media, technology and competition. A significant portion of its commercial disputes practice is representing banks and other financial institutions in court.

Notable figures within the team include commercial disputes partners Raja Eileen Soraya and Huey Miin Ooi, construction specialist Choon Hon Leng, labour expert Ravindra Kumar Rengasamy and tax specialist Vijey Krishnan.

Among the construction dispute resolution cases, the firm successfully represented a property development company in the High Court and subsequently in the Court of Appeal, obtaining judgment against the main contractor for liquidated ascertained damages. The team also successfully represented a piling contractor in a civil suit against a developer who had refused to pay for the piling works completed.

In intellectual property, the IP team is representing an IT solutions provider in suing another company for copyright infringement of its client’s computer programs, which were innocently used. Another IP dispute had the team acting for a luxury fashion house in commencing a trademark revocation action against a registered trademark on the ground of non-use.

The labour team was triumphant for its client, defending a claim for unfair dismissal brought by an ex-employee who was retrenched due to business downturn in light of the Covid-19 pandemic. The favourable decision in this case confirmed the recognition of the Industrial Court towards an employer’s management prerogative to reorganize its workforce for bona fide reasons. 

The details of the clients the firm worked with are confidential.

Client feedback

“Good grasp of legal knowledge.” – Intellectual property

“Tax controversy and tax litigation requires strong understanding of the taxpayer's business and industry issues – which RDL is able to appreciate during the working relationship.” – Tax

Phye Keat Chew

“Knowledgeable and commercially minded.”

Vijey Krishnan

“Strong understanding of the taxpayer's business profile and we appreciate the detailed research on their business activities to achieve the results.”

Rosli Dahlan Saravana Partnership

Full-service law firm Rosli Dahlan Saravana Partnership was established in early 2020 to much fanfare due to the profiles of its five founders, all former Lee Hishammuddin Allen & Gledhill partners. The firm is especially strong for tax and commercial disputes, and it is enjoying huge success in its first year despite the effects of Covid-19 on the market. Peers unanimously acknowledge the tax litigation offering as first rate and one of the two new heavy-hitting players in the disputes space. Many of the firm’s submitted cases were high profile and widely reported in the media.

Dispute resolution head Rosli Dahlan helms the team that includes tax and litigation heavyweights DP Naban and Saravana Kumar.

Among the commercial disputes, the team successfully defended a $230 million lawsuit filed by Barakah Offshore Petroleum and its subsidiary PBJV Group. This is the first case where the court dealt with national oil company Petronas’s duty of care under the Petroleum Development Act 1974 in Malaysia.

In an ongoing commercial litigation, the team is acting as lead counsel for Livescape Group in a claim for payments due and damages for purported negligence, breach of contract and defamation, in respect of an underlying dispute in connection with a K-Pop concert involving Korean artists in Malaysia. Pending the outcome of the case, it is anticipated that this will be the very first decision to reconcile the potential liability and obligations owed by event management companies towards their clients under the appointment contract, notwithstanding the complicated event industry landscape in Malaysia.

On the intellectual property front, the IP team is currently representing the Malaysian subsidiary of NTT in a claim for alleged breach of technology agreement. The matter was complex as it involved a counterclaim for failure to make a statutory contribution to the Malaysian Multimedia and Communications Commission, and misrepresentation that requisite media and communications licences were obtained.

Tax work highlights include representing Sunway in a judicial review application against the Minister of Finance; acting for Malayan Banking in challenging the assessments raised by the Director General of Inland Revenue; and representing Allianz General Insurance Company in a judicial review application against the Minister of Finance.

A notable tax matter sees the firm acting for Petronas Penapisan (Terengganu) in filing judicial review against the assessment amounting to RM2.8 billion raised by the Inland Revenue (DG). This is the largest transfer pricing dispute in Malaysia and the region. The granting of leave and stay of proceedings by the High Court Judge also signifies that there is an existence of special circumstances in judicial review proceedings. The decision is important as it concerns the judicial interpretation of the application of transfer pricing law. It will also serve as a good reminder to a public authority like the DG to not exercise its right arbitrarily without observing the parameters of law.

The firm’s IP team got a considerable boost of star power in late 2022 when seasoned IP stars Bahari Yeow and Lim Zhi Jian joined from Gan Partnership as partners.

Ariani Textiles & Manufacturing, Goricven, Hartalega, P2 Asset Management, SEV Renewables and Sime Darby Plantation worked with the firm on dispute matters in the last 12 months.

Client feedback

“Very communicative. Delivers high-quality work.” – Tax

Saravana Kumar

“Excellent tax technical skills. Very attentive.”

Shearn Delamore & Co

Leading full-service firm Shearn Delamore & Co houses one of the largest dispute resolution practice groups in the country, with no less than 16 partners regularly engaged in litigation and arbitration in their specialist areas. The firm features in the top echelons of all our categories. The firm has a growing niche professional negligence litigation offering, with a dedicated team advising clients from the medical, legal and other professions.

Head of disputes Jeyanthini Kannaperan helms the team that includes corporate and commercial specialists Rabindra Nathan and Dhinesh Bhaskaran, construction expert Rodney Gomez, competition partner K Shanti Mogan, employment head Sivabalah Nadarajah, intellectual property specialist Karen Abraham, tax head Ka Im Goh, and white-collar crime partner Rajasingam Gothandapani.

In a commercial disputes highlight, the firm provided counsel to Thai Odyssey and the Thai Odyssey group of companies in a shareholders’ oppression suit. The team successfully struck out a main part of the mixed claim where the plaintiffs sought to pursue trademark claims together with oppression complaints under the company laws. Another case had the firm acting for GS Realty in defending an estate agency claim for substantial damages based on a purported oral agreement. This suit seeks to examine and determine the duties and responsibilities of real estate agency owed to its agents.

In a construction matter, the team is providing counsel for CRSE in arbitration and court proceedings commenced by Transgrid Ventures for an alleged outstanding sum and damages in the region of $18 million. This matter is important as it involves public interest works, namely the construction of the Mass Rapid Transit Line 2, which is a federal government initiative.

The IP litigators represented Munchy Food Industries in trademark infringement and passing off against a defendant who used a similar registered trademark. This case is of enormous significance as it restates the principles of law applicable in an action for trademark infringement and passing off, and consequently reverses the Court of Appeal’s decision, which could potentially reverse the trend of well-established jurisprudence for trademark infringement and passing off. Being a decision from the apex court, this case would now stand as a landmark decision on the applicable test for trademark infringement and passing off.

The tax team was pivotal in a landmark case, acting for the Malaysian Bar in legal proceedings against the Inland Revenue to determine the extent of the Revenue’s powers to purportedly undertake tax audits on the clients’ accounts of law firms and whether legal professionals could prevent the Revenue from doing so. This is a landmark case on legal professional privilege in Malaysia.

Following the triumph back in 2020 when the firm’s tax team acted for United Plantations in a statutory appeal, the team was successful once again in acting for the company when the Federal Court ruled against another local authority in late 2021. This is another landmark decision whereby the Federal Court confirmed that non-compliance with Section 137 of the Local Government Act by the local authorities is fatal as it rendered their valuations null and void.

Another tax sample had the firm acting for Malaysian company Pulai Springs Resort, a Malaysian company that owned and operated two US Golf Association golf courses and a clubhouse, in a tax appeal before the Special Commissioners of Income Tax following the position taken by the Revenue to disallow the company’s capital allowance claims on the capital expenditure incurred on the construction of the golf club, the courses and the golf resort. This is an important tax case as it is the first of its kind where the court had struck out the Revenue’s appeal for want of prosecution.

Some recent disputes clients are Agro-Mod Industries, Applecart Investment, Commercial Marketers and Distributors, Genting Development, Giatreka, HSBC Bank Malaysia, Lam Ah Company and Tenaga Nasional.

Client feedback

“Gives good advice on matters relating to litigation, foreclosure and settlement.” – Commercial and transactions

“Shearn Delamore & Co is extremely competent on intellectual property matters. Their search reports are clear and concise, and they provide business-friendly advice. That is, they don't get caught up in explaining the law in great detail – they provide several options and risk assessments. They are extremely cost-effective. And they are extremely responsive.” – Intellectual property

“They are good at handling copyright and domain name-related IP matters.” – Intellectual property

Karen Abraham

“She is smart, knowledgeable and responsive.”

“Karen is an excellent attorney –the pre-eminent trademark attorney in Malaysia, in my opinion. She provides excellent and business-savvy advice. And Karen knows everyone. I often seek her advice as to good counsel in other Asian countries.”

Jeyanthini Kannaperan

“She speaks with clarity and uses carefully chosen words. She is a good litigation lawyer.”

Indran Shanmuganathan

“Excellent advice and great in cost management.”

Suganthi Singam

“She has well-versed knowledge on employment disputes matters.”

Toh Yoong (Janet) San

“Janet is a very professional practitioner in intellectual property, and she can understand a complex case situation quickly, rather than getting bogged down in legal jargon.”

Mei Ken Yee

“Very responsive and very knowledgeable. Ability to plan strategy and tactics for successful trial.”

 
Shook Lin & Bok

Shook Lin & Bok has maintained a steady capability with some of the most experienced litigators in the field, particularly in the intellectual property and construction realms. It offers disputes coverage across a wide swathe of areas, including arbitration, banking and finance, competition, insurance, labour and employment, real estate and shipping. 

Key contacts within the disputes group are firm managing partner and head of IP, Michael Soo, and arbitration, construction and insurance head Ko Luen Lam. Other core leaders of the 15 partner-strong team include co-head of the dispute resolution department and head of labour and industrial disputes Romesh Abraham and Sin Min Yoong, co-head of the dispute resolution department.

In commercial and transactions, the firm is acting for OCBC Bank in a suit against 37 defendants for fraud, conspiracy, negligence and breach of fiduciary and contractual duties. The bank instituted action against its employees, valuers and lawyers, and also against the vendors and purchasers of lands, where such purchases were funded by the bank from loan facilities totalling $15.2million. The outcome of this case would affect the banking industry, in that lenders will need to carefully consider whether or not to commence recovery action against their defaulting customers concurrently with an action for conspiracy to defraud.

Another commercial and transactions highlight saw the firm acting for a financial institution in a suit against its borrower and three guarantors to recover the outstanding sum under a term loan. The loan had been restructured twice before from secured redeemable convertible loan stocks which were issued by the borrower to the previous banking entity, whose assets, rights and remedies had been vested in the plaintiff bank via a court order.

In an ongoing patent infringement case, the firm’s IP litigators are counsel to Sims Capital in an action for the expungement of its registered mark which was instituted by Inner Mongolia Mengniu Dairy (Group) Company. This case is significant as it is perhaps the first case which involved a determination of well-known mark provisions under the Trademarks Act 2019. An appeal against the decision of the High Court is currently pending before the Court of Appeal. A decision by the Court of Appeal will likely become a landmark decision and the first decision on the new issues raised.

The IP team also represented Mylan Ireland, a global generic and specialty pharmaceuticals company, in seeking to invalidate a Malaysian patent in respect of an invention entitled ‘Drug delivery device and method of manufacturing a drug delivery device’ in the name of Sanofi-Aventis Deutschland. This matter is significant and had a significant impact on Mylan Ireland’s worldwide distribution of its Semglee product.

DJ Auto Manufacturing, Fanuc, Mewah Dairies, United Overseas Bank and Technology Financing Agencies were some of the firm’s disputes clients last year.

Ko Luen Lam

“Ko Luen is very client-oriented and provides frank and innovate approaches and solutions.”

Skrine

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.

Tay & Partners

The dispute resolution offering at Tay & Partners consists of experienced litigators that are particularly known in the market for commercial, employment and competition contentious work. The group is active in intellectual property, and also banking and insolvency litigation matters.

The disputes group is led by senior partners and all-round litigation specialists Leonard Yeoh and Cheah Soo Chuan. It includes dispute resolution partner Wong Weng Yew and intellectual property head Lee Lin Li.

The firm is acting for Hyundai Engineering Malaysia in the Court of Appeal to appeal against the decision of the High Court in ordering the payment of the security sum amounting to $2.5 million. The dispute involves Hyundai, which is the main contractor, and a subcontractor in the construction of a gas turbine power plant. The appeal would determine new laws regarding calls on bank guarantees and the court’s jurisdiction to grant interim orders pending the resolution of arbitration. This is believed to be a landmark case in Malaysia.

Another ongoing matter sees the firm acting for Hitachi Sunway Information Systems in a claim for outstanding amount due under a purchase order for the implementation of a product lifecycle management software system and to resist a counterclaim for misrepresentation, negligence and breach of contract.

The firm’s competition/antitrust team defended AirAsia against the country’s antitrust regulator, the Competition Commission of Malaysia (MyCC). The case involves the country’s two major carriers, Malaysian Airlines and AirAsia, which entered into a collaboration agreement together with AirAsia X as part of a short-lived share swap deal involving their major shareholders, Khazanah Nasional and Tune Air in 2011. The share swap was unwound in 2012. MyCC ruled that the collaboration agreement violated the prohibition against the market-sharing agreement and imposed financial penalties. This is the very first case on the deeming provision of a particular section of the collaboration agreement currently before the Court of Appeal. The landmark decision will be instrumental in shaping the jurisprudence of competition law in Malaysia since it will provide much sought after clarity on the interpretation of the particular section. This is the first case in Malaysia where MyCC’s decision has been challenged up to this level.

The firm’s IP litigators are acting for Kingtime International in its patent infringement suit against Petronas Carigali. This case is important as it explores the applicability of res judicata and the concept of double recovery in cases that deal with identical subject matter. The firm is also advising Kingtime International in a patent invalidation suit filed by Petronas Carigali. The patents concern a mobile offshore production unit whose unique feature is the ability for the wellhead support structure, which houses the drilling component of an offshore unit, to be detached and used independently from the offshore unit. This case is individually important too, as it explores the vulnerability of the invalidation suit to striking out for citing completely irrelevant prior arts or prior arts that were already mentioned in the earlier suit.

Key clients of the firm include Country Garden Danga Bay, Duskin, Novatis Resources, Symphony Hills and WA Skills Training Malaysia.

Timothy J Dass & Co

Full-service commercial law firm Timothy J Dass & Co makes its debut in Benchmark Asia-Pacific this year. The firm is well versed in commercial litigation, with intellectual property being its core strength. The firm’s managing partner Timothy Dass has vast experience in IP enforcement and litigation. He regularly acts for various multinational clients as well as local clients.

IP case samples include acting for a German multinational engineering and technology company and successfully appealing against the decision of the Malaysian Registrar of Trade Marks (MyIPO) at the Malaysian High Court; and successfully acting for an international large corporate French company in defending an appeal against a trademark opposition brought by Medinova at the Malaysian High Court.

All details of clients the firm has advised on during the research period remain confidential.

Timothy Dass

“He has a positive outlook, and his knowledge of the law enables him to put clients at ease because he provides solutions.”

TS Oon & Partners

As home to one of the country’s premier shipping practices, TS Oon & Partners is a multi-practice law firm that is also known for handling international clients and their investment needs. Its dedicated shipping team has deep maritime knowledge and the full range of capabilities and expertise to handle all domestic and regional shipping matters. It regularly acts for marine underwriters, shipowners, shipyards, port operators, P&I Clubs, financial institutions, commodity traders, freight forwarders and other shipping interests. The shipping team works closely with its associate office in Singapore, Oon & Bazul.

The leaders of the team are managing partner Thian Seng Oon and partner Jessica Teng.

Tuang Chu & Co

Tuang Chu & Co is well versed in the commercial and transactions arena. The firm’s dispute resolution department has extensive experience in litigation, domestic and international arbitration, adjudication and other forms of alternative dispute resolution. Its clientele ranges from preeminent local companies to foreign corporations, encapsulating a full spectrum of corporate and commercial matters.

The firm’s dispute resolution team is led by partner Ryan Soon Wei Chu. Litigators Zhong Yan Lau and Chee Weng Leong are also key figures to note.

In commercial and transactions, the team advised and represented Cocoaland Holdings in a $110 million court case in respect of a scheme of arrangement application. The team is also advising Sindiyan and Sindiyan Agro Park in a heavily publicised suit filed in the Kota Bharu High Court involving native customary rights commenced by a group of aboriginal people located in Gua Musang, Kelantan against 14 other private and public entities.

The firm’s recent hires include Anas Bin Md Abdul, Ken Ming (Dominic) Ng, and Kar Wei Eng.

Key clients include Flash Express Malaysia, Forward Resources & Construction, GA Skylight, Hai Hong Capital and Setara Jaya.

Client feedback

“They provide concise advice with workable solutions, which eases implementation across our corporate structure.” – Commercial and transactions

“The lawyers are professional and smart.” – Construction

“Very professional, committed and patient to handle the cases and give us opinions.” – Construction

“Tuang Chu & Co is one of the more aggressive and well-performing law firms with capable lawyers. One of the benefits of the firm is that it offers wide-ranging types of services at a high quality but a very reasonable rate as compared to the bigger law firms out there. The partners in Tuang Chu & Co are also very ambitious and attentive to detail, which give clients the assurance that they are in safe hands.” – Construction

“They are able to prepare six court applications within a week to ensure that we achieve the desired outcome.” – Construction

Ryan Soon Wei Chu

“Reliable, trustworthy, strong industrial knowledge and courteous.”

Kar Wei Eng

“Knowledgeable, easy to communicate with, clear and knows what he is doing.”

Chee Weng Leong

“Smarter than lawyers of his peer group, able to pick up important info.”

“He is very professional and supportive. Good lawyer.”

“Chee Weng offers a lot of very effective and creative strategies and solutions to complex disputes both from legal and commercial perspective. Chee Weng provides very practical advice in detail (with proper layout and reasoning) which is often very effective. Chee Weng is also always very responsive in addressing any queries.”

Ken Ming (Dominic) Ng

“Dominic offers innovative solutions and out-of-the-box solutions in construction disputes, where he has to now successfully recovered millions on behalf of the company.”

“Ken Ming is very responsive and provides immediate countermeasures in the event of a dispute, which elevates our litigation success rate. He is also familiar with the judicial structure in the Middle East.”

“He is meticulous and provides creative solutions to ensure that we achieve the desired commercial result. He is very responsive and can solve complicated issues with ease.”

“He exudes confidence, which gave us a lot of assurance.”

Vin & Isaac Lee

Vin & Isaac Lee is a full service boutique firm that was established in 2013. Its disputes offering focuses on construction and white-collar crime matters and is staffed by one partner and three associates. For construction mandates, the team regularly represent clients in adjudication under the Construction Industry Payment and Adjudication Act, arbitration and in the Malaysian civil courts. Its white-collar crime practice is gaining traction and the team has acted for clients on fraud allegations, cheating and conspiracies involving publicly-listed companies and government-linked companies.

Construction specialist and partner Kelvin Ng is a key contact at the firm for disputes matters.

A sampling of the firm’s recent highlights includes acting for S Quarry, a contractor of a project known as the Desaru Resort, against the owners for unlawful termination of a rock extraction contract. The High Court found in favour of the landowners. This decision was subsequently reversed by the Court of Appeal who found in favour of the firm’s client and awarded them damages.

In ongoing cases, the team defended a group of companies in an action relating to a conspiracy to defraud and cheating for an alleged multi-million dollar sum. The team also represented a former director of Panasonic Manufacturing Malaysia against a High Court action filed by his former employer over claims of fraud and conspiracy to defraud the company.

The remaining clients that instructed the firm during the research period are confidential.

Vin Cheng & Co

Newly established firm Vin Cheng & Co consists of seasoned litigators who have built their reputation in their previous firms. The construction team, in particular, has considerable knowledge and experience in construction disputes, including issues relating to payments, variation works, delay, professional negligence, termination and performance bonds.

Managing partner Chun Yee (Kelvin) Ng, formerly the co-founder of Vin & Isaac Lee, leads the firm’s construction team. He has vast experience in dispute resolution, notably in construction law, along with adjudication and arbitration. Other key figures include partner Sze Ying Lee.

The team is busy acting for an international EPC contractor in an arbitration dispute against a publicly listed company contractor involving the RAPID refinery and petrochemical project at Pengerang Johor. The project in dispute involves Petronas, the government-linked company’s largest investment in Malaysia.

Another construction case sees the team acting for a subcontractor, Zeta Letrik, in a  dispute with the main contractor involving a mixed development project. The finality of the dispute is now in arbitration. This case is significant as it involves a claim against a subsidiary of a well-known public listed company in Malaysia.

Some notable construction clients of the firm are BME Tenaga Arus, ER Mekatron Manufacturing, RZH Setia Jaya and Qingjian Holding Group.

Wong & Partners

Wong & Partners, a member firm of Baker McKenzie International, is best known in the disputes realm for its commercial, construction and intellectual property practices. The team additionally specialises in tax, labour and employment, and Islamic finance litigation. Its stellar intellectual property group is one of the top in the country, so it regularly features in landmark IP cases. The firm’s client roster includes major local conglomerates and publicly listed companies, as well as some of the world's largest multinational corporations and Fortune 500 companies.

Dispute resolution head Kherk Ying Chew helms a team that includes partners Eddie Chuah and Janice Tay.

In a highlight case, the team successfully represented Hitachi Systems Digital Services (Singapore) at the High Court of Kuala Lumpur in its claim of approximately $5.2 million against Cuscapi Malaysia and Cuscapi in respect of the sale and purchase of certain hardware equipment. The High Court judge decided in favour of Hitachi and dismissed the counterclaim. The High Court also dismissed Cuscapi's application for stay of execution. The team successfully defended the High Court judgment at the Court of Appeal and the Federal Court.

The firm’s IP team is acting for Measat Broadcast Network Systems in civil and criminal copyright proceedings. This matter has led to a landmark decision, where the Intellectual Property High Court decided for the first time that the sale of TV boxes (illicit streaming devices), which allow unauthorised access to copyright content, is an act of copyright infringement, hence enabling rights holders to pursue enforcement or legal action against sellers of such equipment.

The rest of the cases the firm has worked on during the reference period are confidential.

Client feedback

“From the very beginning of retention, each member of the team has been very supportive and cooperative. The members of the team are proactive and insightful. Although we are totally unfamiliar with handling overseas litigation, they kindly provide us with timely updates and reports as to the progress of the litigation, which are informative enough for us to consider and to decide what to do next in light of the progress. Thanks to such strong points, although both the W&P team and our company team work basically via email – we’ve only met twice in person in Kuala Lumpur and had one online meeting during the entire litigation – we always felt as if the lawyers advised us in person. Through such productive cooperation by them, we have finally won the four-year-long litigation.” – Commercial and transactions

“A strong team with deep industry insights and cutting-edge practice areas.” – Commercial and transactions

Eddie Chuah

“He leads the team that supports us. He and his team members are very helpful and cooperative.”

“Eddie responds quickly with deep industry insights and cutting-edge solutions to complex dispute resolution.”

Wong Jin Nee & Teo

Intellectual property and technology specialist firm Wong Jin Nee & Teo is well known for its strength in intellectual property contentious matters. Its strength is rooted in the firm’s boutique nature, being wholly dedicated and focused on IP so that it can address the full spectrum of IP-related needs for its clients. Founding partner Bong Kwang Teo is a key contact at the firm. He is a prominent counsel and a leading figure in IP enforcement.

The IP litigators represent YKL Engineering, the designer and manufacturer of specialised machinery and equipment for palm oil processing, in a claim for patent and copyright infringements before the Federal Court of Malaysia. The team posed several novel questions of law revolving around the sphere of patent and copyright laws in Malaysia, including the issue of disclosure of prior art, the construction of the patent claims and the interplay between the concepts of novelty of a patent and the originality of a copyrighted work.

The team is also providing counsel for domestic coconut confectioner Tan Kim Hock Tong Seng Food Industry as the respondent in relation to a claim for trademark infringement and passing off before the Court of Appeal. In another ongoing matter, the team is acting as counsel for Nippon Paint in trademark and copyright infringement and passing off claims initiated by Sika, Sika Technology and Sika Kimia.

Recent clients of the firm include PowerScan Company, Single Buoy Moorings, Universiti Malaya and Virbac.

Client feedback

“Keeps client up to date on progress and very experienced in IP matters.” – Intellectual property

Wai Hoong Loo

“He is very accessible, prompt in responding to queries and easy to work with.”

Zain & Co

The Malaysian arm of Dentons Zain & Co enters our rankings for the first time this year. The firm’s dispute resolution department is particularly known for its ability to handle a broad range of civil and commercial disputes, construction litigation and arbitration cases, land acquisitions, and labour and employment matters. The team is also adept at handling matters involving banking law, corporate litigation including corporate restructuring, schemes of arrangement and capital reductions, probate and administration, bankruptcy and winding-up.

Seasoned litigator Anita Sockalingam leads the firm’s dispute resolution department. She is particularly known for her ability to handle complex civil and commercial disputes and for her expertise in banking law. She maintains an active trial practice and regularly appears at the appellate courts as lead counsel. Under her leadership, the department has increased its representation of women lawyers at partner level by 30%, whilst continuing to maintain strong female representation at associate level. Other key figures in the team include construction partner Vatsala Ratnasabapathy.

Among the construction matters, the team is currently acting for the Malaysian subsidiary of a large Chinese state-owned engineering and construction company in resisting an action to challenge charges brought by the employer of a project as security for monies owing to the client. The principal issue in the case is whether the subject charges are valid as equitable charges notwithstanding that they could not be registered at the land registry under the National Land Code. It also involves the issue of whether such charges are registrable at the Companies Commission pursuant to section 352 of the Companies Act 2016.

In another case, the team acted for a plantation landowner in resisting an appeal lodged by the acquiring authority against the decision of the High Court in respect of the award of compensation given in the consolidated land reference. The principal issue in this case concerns the test applicable in the computation of the award for severance in respect of estate lands. It also involves the issue of whether the High Court’s findings on the applicability of valuation principles and/or on computation of compensation for severance, are questions of law warranting appellate intervention, in light of the proviso to section 49(1) of the Land Acquisition Act 1960.

The firm counts some esteemed companies as litigation clients, including: Permodalan Nasional, Hitachi Vantara, Turnpike Synergy and Universiti Putra Malaysia.

Vatsala Ratnasabapathy

“Senior counsel Vatsala Ratnasabapathy was astute, approachable and highly strategic. She is my go-to lawyer for any difficult decision or challenging dispute.”

“Vatsala Ratnasabapathy quickly understood the complex issues at hand and provided exemplary advice in the various disputes. She has a deep wealth of knowledge and an ability to resolve urgent matters effectively. Her ability to see many steps ahead was incredibly impressive. In summary, I found her to be indisputably the best litigation lawyer I have dealt with in Malaysia.”

“Hard-working and meticulous.”

Zul Rafique & Partners

The experienced and sizeable dispute resolution team at Zul Rafique & Partners covers civil, commercial and corporate dispute claims. Its construction and employment practices are highly regarded in the market. The firm has been growing its specialties in multiple niche areas, including securities and derivative actions, product liability, public and administrative law, media and defamation, insurance and coverage disputes, debt recovery, bankruptcy, insolvency and restructuring, shareholder disputes, land and tenancy disputes, environmental law and planning law.

Litigation head and employment specialist P Jayasingam, and senior partner and construction dispute resolution head Kuhendran Thanapalasingam are the main contacts for the practice. Keat Ching Wong is noted for her labour and employment work, while Idza Hajar Ahmad Idzam is recognised on the commercial litigation front. Other notable partners are disputes specialist Farah Shuhadah Razali and employment specialist Thavaselvi Pararajasingam. Notably, litigation and arbitration heavyweights Wilfred Abraham and Shahul Hameed Amirudin remain at the firm as consultants.

In a seminal case, the team successfully acted for Seriemas Development in the first ever case in Malaysia that deals with the interpretation of the words ‘due or payable’ under the provisions of the Construction Industry Payment and Adjudication Act 2021. The firm had another victory representing River Retreat in a land reference proceeding to challenge the award of compensation issued by the land administrator in a land acquisition.

Other notable cases include acting on behalf of Bank Muamalat Indonesia in a multi-jurisdictional issue involving corporate guarantee, scheme of arrangement and insolvency; acting for multiple corporations in Malaysia on multi-jurisdictional issues involving fraud, misrepresentation and deceptive conduct; and acting for Bank Kerjasama Rakyat Malaysia in a suit against several parties including its former chairman and managing director for alleged breaches of fiduciary duties and for return of monies wrongfully paid out amounting to more than $3 million.

On the employment front, at the Bentong Labour Court the team succeeded in defeating a claim brought by five lorry drivers against a transportation and warehousing company. The drivers claimed that they were employees and lodged their claims for the non-payment of pay for work done on rest days; and pay for work done on public holidays pursuant to the Employment Act 1955.

ACE Dynamic Team, Petronas Dagangan and Scomi Group are among clients that worked with the firm the past year.

Farah Shuhadah Razali

“Farah has very good communication skills. Whatever last-minute queries we have, they will be attended to by Farah in a calm manner.”