Dispute Resolution

Dispute Resolution

We believe in resolving disputes effectively and focus on offering practical and commercial advice. Our approach involves a thorough analysis of cases at their inception to highlight the clients’ choices, risks and rewards of possible courses of action including alternatives to legal action, and we work with our clients to develop case plans and strategies.

Our dispute resolution team has vast experience in various sectors and in a wide variety of disputes. Our lawyers are experienced litigators at both trial and appellate stages, and also have considerable experience in arbitration proceedings under AIAC (formerly KLRCA), SIAC, ICC and UNCITRAL rules. Our litigation team is also experienced in public law disputes including judicial review proceedings against public bodies.

Our lawyers have acted and continue to act in many landmark cases, both in the commercial and corporate fields, and in prominent constitutional and public interest cases in Malaysia.

Legal 500 Asia Pacific 2018 commented that our lawyers are well-versed in advising corporate clients on a variety of related dispute instructions and receive commendation for their ability to “cut to the very heart of a dispute”.

Chambers & Partners Asia Pacific 2018 commented that clients appreciate the lawyers’ “hands-on” approach, noting that the team is “responsive and accessible at all times”. In its 2015 edition, Chambers & Partners Asia Pacific commented that we are “very accomplished, thorough, and really solid advocates”.

Areas which we advise on within this practice group include:

Banking, Insolvency and Receivership

We have extensive experience in banking litigation ranging from debt recovery matters to complex syndicated loan disputes, including enforcement of securities.

We also offer range of restructuring and insolvency services, and routinely advise companies in distressed situations on schemes of arrangements, receiverships, negotiations with creditors and other stake holders. We also assist in recovering and realising assets and in the conduct of liquidations. 

Our team of lawyers has acted, and continue to act, for financial institutions, insolvency practitioners, receivers, liquidators, security agents and trustees.

Commercial and Contracts

Our Dispute Resolution team comprises experienced commercial disputes lawyers handling a wide range of contractual disputes including those involving issues of deceit, fraud, complicity and conspiracy. Our commercial disputes lawyers have advised on contracts in various sectors and being familiar with industry practice, are able to deliver effective and practical advices and solutions to disputes.

Competition Law/Anti Trust

Our lawyers have advised clients in matters relating to the Competition Act. We have also actively engaged with clients to bring to their attention, the operation and intricacies of this Act. Besides awareness and advisory work, we have assisted and supported clients in investigation by Malaysian Competition Commission (MyCC). Our approach to this area of practice has been to be involved and support clients at the commencement and inception of any investigation by MyCC through to the resolution of the matter.

Construction and Engineering

We have a team of lawyers handling construction and engineering disputes via arbitration, litigation and statutory adjudication, and have experience in acting for employers, main contractors and sub-contractors.

Corporate and Shareholders Disputes

Our lawyers are highly experienced in contentious corporate litigation particularly in the areas of shareholder disputes, hostile take-overs and minority actions. We regularly advise, strategise and negotiate in corporate disputes, boardroom tussles and general business disputes.

Criminal and Public Interest

We have a team of lawyers to advise and defend individuals and corporations in a wide spectrum of criminal prosecutions including immigration offences, commercial crimes and securities offences. 

Our team of lawyers also handle a variety of constitutional and administrative issues, and are frequently consulted by the Malaysian Bar Council, private clients, public authorities and governmental bodies on such issues as well as on law reform relating to these areas of law.

Property and Civil Disputes

Our lawyers regularly advise on issues and disputes relating to land, compulsory acquisition, development and planning, joint management bodies, tenancies, leases, forfeiture, eviction and possession.

Our civil litigators are also experienced with and handle a wide range of tortious actions including defamation, negligence and nuisance actions.

Tax

Our lawyers regularly advise on tax issues and handle disputes relating to tax appeals at the Special Commissioner for Income Tax, High Court and Court of Appeal. They are also experienced in handling judicial reviews in relation to tax matters.