DISPUTE RESOLUTION DIVISION

  Overview  

The Firm's Dispute Resolution division is renowned, with lawyers having vast experience in general litigation matters, as well as in specialized areas such as international arbitration, banking, commercial law, construction and engineering, property and real estate, employment, insolvency/restructuring, insurance, mediation, shipping and tax. The Firm is proud of the fact that we have several senior practitioners with more than 25 years of experience who regularly appear before the higher courts in the country. Our lawyers have also been involved in a number of landmark cases that have been reported in legal journals.

We are ranked consistently in Band 1 for Dispute Resolution since 2010 up to 2017 in Chambers Asia-Pacific and the Legal 500 Asia Pacific. The Division won the Litigation Law Firm of the Year 2017 and also won Arbitration Law Firm of the Year at the Asian Legal Business (ALB) Malaysia Law Awards for 2015 and 2016.

The Division won the ACQ Finance Magazine Global Awards 2012 for the Litigation Law Firm of the Year (Malaysia). We are named as the Firm of the Year 2010 (Malaysia) for International Arbitration and Litigation & Dispute Resolution by the Pacific Business Press Asian Counsel.

  Publications  

Disclaimer

The contents of these articles from our newsletter are of a general nature. You are advised to seek specific legal advice on any transaction or matter that may be affected by these articles. If you require further analysis or explanation of the subject matter, please contact our partners or the person whom you normally consult.

Arbitration (International & Domestic)

Legal Insights 02/2016, June 2016 – “To-May-Toes, To-Mah-Toes But Not When It Comes to Seat in Arbitration”
A commentary on Government of India v Petrocon India Limited [2016] 3 MLJ 435

Anti-Corruption Law

Legal Insights 01/2016, March 2016 – “The Force Awakens"
The writer discusses the proposal to introduce corporate criminal liability for corruption in Malaysia

Bankruptcy / Insolvency

Legal Insights 04/2016, December 2016 – “Revamping the Bankruptcy”
The writer provides an overview of the Bankruptcy (Amendment) Bill 2016

Legal Insights 03/2016, September 2016 – “Corporate Insolvency, Corporate Rehabilitation and Receivership”
The writer explains highlight the main changes to the corporate insolvency and rehabilitation procedures under the Companies Act 2016

Legal Insights 02/2016, June 2016 – “Is The Time Frame Rule in Rule 30(2) Immutable”
The writer explains the Federal Court’s decision on Rule 30(2) of the Companies (Winding-Up) Rules 1972

Civil Procedure

Legal Insights 04/2016, December 2016 – “A Remedy for Transgression – A Global Discussion”
The writer considers the tort of misfeasance in public office

Legal Insights 01/2016, March 2016 – “One Step Forward, Half-A-Step Back”
The writer analyses the Deepa interfaith custody battle

Legal Insights 03/2016, September 2016 – “YouveBeenServed”
The writer explores the service of legal process in the digital realm.

Legal Insights 01/2016, March 2016 – “The Champion Arrives”
The writer explains the adoption action.

Compliance

Legal Insights 04/2016, December 2016 – “Powers to Forfeit – A Civil Standard for Criminal Conduct”
The writer explains the power of forfeiture under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001

Corporate Litigation

Legal Insights 03/2016, September 2016 – “The Coke Light of Injunctions Hollyoake v Candy”
The writer explains the notification injunction

Defamation

Legal Insights 03/2016, September 2016 - “Court Upholds Right to Criticise Public Administration - Utusan Melayu v Adnan Yaakob”
The writer discuss explain a landmark decision by the Court of Appeal

Legal Insights 01/2016, March 2016 – “Is Uploading Sufficient Proof of Publication”
The writer discuss a defamation case arising from an article published on the internet

Employment & Industrial Relations 

Legal Insights 02/2016, June 2016 – “Union Buster Busted”
The writer explains a recent “union-busting” case

Legal Insights 04/2016, December 2016 – “Of Priests, Prisoners and Petrol Station Attendants”
The writer examines the recent developments in the law of vicarious liability in the United Kingdom.

Insurance

Legal Insights 04/2016, December 2016 – “Don’t Cover Up, It’ll Blow Your Cover”
The writer discuss the changes to pre-contractual duty of disclosure for insurance contracts in United Kingdom and Malaysia

Shipping Law

Legal Insights 01/2016, March 2016 – “Switch At Your Own Risk”
The writer discusses the perils of releasing cargo against ‘switch’ bills of lading

Tort

Legal Insights 04/2016, December 2016 – “A Remedy for Transgression – A Global Discussion”
The writer considers the tort of misfeasance in public office

Legal Insights 01/2016, March 2016 – “One Step Forward, Half-A-Step Back”
The writer analyses the Deepa interfaith custody battle

Legal Insights 01/2016, March 2016 – “The Champion Arrives”
The writer explains the adoption action.

  Accolades 

Chambers Asia Pacific 2017

Dispute Resolution

Distinguished dispute resolution practice with an impressive breadth of expertise in both litigation and arbitration. Regularly mandated on banking and finance, media, defamation and fraud cases, including those with a cross-border element. Also active in the energy sector.

The group is praised for its client-oriented approach, with interviewees noting: "The team is responsive and efficient, with high-quality lawyers." The firm's in-depth expertise is also appreciated by clients, who report: "They have very good technical knowledge and know what they're doing."

Represented Thai-Lao Lignite and Hongsa Lignite in High Court and Court of Appeal litigation against the Lao government, concerning the former court's annulment of an earlier USD57 million arbitral award in favour of the clients.

Successfully defended Securities Commission Malaysia in Court of Appeal proceedings concerning a claim brought by an audit firm arising out of the latter's audit of the Silver Bird Group.

Significant clients include Bursa Malaysia, Padiberas Nasional, Petronas, Tipco Asphalt, Tune Insurance Malaysia.

Notable practitioners

Vinayak Pradhan is a highly experienced practitioner, well known for his handling of construction disputes and eminence as an arbitrator. He also acts on general commercial issues and is admired as a "clever and very polished" practitioner.

Lim Chee Wee handles both litigation and arbitration, and is especially active on banking, insolvency, fraud and shareholder-related cases. Described by sources as "an excellent lawyer," he played a key role assisting reinsurer Best Re in High Court and Court of Appeal proceedings concerning a claim made against it by ACE Jerneh.

Leong Wai Hong is an experienced litigator and arbitrator, regularly acting on commercial, construction and defamation cases. He acted for The New Straits Times Press in defamation proceedings brought against it in connection with an article it published concerning government ministers in the State of Penang.

Lee Shih practises in both arbitration and litigation, regularly acting on cross-border disputes. He focuses closely on shareholder disputes and insolvency cases.

Employment

Strong employment offering, able to assist employers in a variety of sectors including finance and technology. Handles court actions regarding dismissal claims, as well as assisting clients with employee reorganisation, misconduct and documentation issues.

The department's approach to assisting clients is praised. One client notes: "They really break things down so that you understand, they don't leave you confused. They explain in layman's terms."

Assisted Motorola with the sale of its factory and the subsequent transfer of over 1,000 employees, advising the company on factors such as the employees' retirement and termination benefits, and foreign work permit issues. Acted for Pure Circle in a dispute against the Director General of Trade Unions, involving a challenge to the notion that one national trade union could cover all its employees.

Significant clients include CIMB Bank, Employees' Provident Fund Board, Intel, Prudential, Telekom Malaysia.

Notable practitioners

Peers describe Selvamalar Alagaratnam as "an outstanding lawyer for industrial relations." She handles employment-related court proceedings, as well as assisting employers with employee reorganisation and misconduct matters, and lately advised Pacific Insurance on employment issues related to a business transfer involving another company.

Siva Kumar Kanagasabai is a highly experienced lawyer handling a range of litigation and advisory matters. He assisted Motorola with employee reorganisation arising from the firm's sale of its manufacturing company. He also has an extensive shipping practice.

Projects, Infrastructure & Energy

Prominent firm, especially noted for its wealth of oil and gas sector know-how. It offers a well-developed construction and engineering department.

A source praises the group's business acumen: "They are very commercially minded people, very flexible and a good team." Another clients notes: "I am highly impressed with the firm."

Represented Petronas Gas in a dispute against a waste water management company, regarding contamination of its pipeline. Acted for Arkema Thiochemicals in a contractual dispute relating to the development of a chemical plant in Kerteh.

Significant clients include Sime Darby, SSI Schaefer, T.R. Hamzah & Yeang.

 

Legal 500 Asia Pacific 2017

Dispute Resolution

Skrine’s team is ‘highly responsive and always practical’. Practice head Leong Wai Hong is defending The New Straits Times Press in a defamation case brought by the Chief Minister of the State of Penang and his Deputy Chief Minister, as well as acting for the claimant in a medical negligence case in the Federal. Other clients include Petronas and Bursa Malaysia.

Leading Individuals

Lim Chee Wee

Labour & Employment

Skrine receives praise for its ‘excellent response times and sound, up–to–date industry knowledge’. Selvamalar Alagaratnam, who ‘commands respect’, jointly heads the practice with Siva Kumar Kanagasabai. The former was successful in appealing a High Court decision for Employees’ Provident Fund, while the latter advised Motorola Solutions on the sale of its manufacturing business in Penang. Other clients include Intel, British American Tobacco and CIMB Bank.

Projects & Energy

Ivan Loo is highly regarded for litigation in this sector.

Construction

Ivan Loo is head of construction and engineering. The firm represented Sime Darby in an appeal against a decision of the High Court and acted for Malaysia Airport Holdings in mediation proceedings.

Shipping

Skrine provides ‘speedy responses and accurate legal advice’. Practice head Siva Kumar Kanagasabai is ‘focused, communicative and highly responsive’. He advised Maybank and Maybank Islamic on the enforcement of mortgages and handled numerous complex disputes. Maersk Drilling, Icon Offshore and HSBC are clients.

 

Asialaw Profiles 2017

Dispute Resolution & Litigation

Skrine is well known for acting regularly in complex cross-border disputes. Lim Chee Wee represented Thai-Lao Lignite and Hongsa Lignite in a $57 million litigation against the Lao government. In another case, Lim and Lee Shih acted for an international trading house pursuing a claim for more than RM180 million.

Labour & Employment

Skrine is recognised for its broad expertise in and experience of the Personal Data Protection Act, occupational health and safety, immigration, compliance, confidential information, restrictive covenants and trade disputes. Selvamalar Alagaratnam advised Pacific Insurance on a business transfer agreement and its impact on employees after acquisition.

Shipping, Maritime & Aviation

Skrine has extensive experience in dealing with ship financing and breach matters. Siva Kumar Kanagasabai advised an investment holding company on breach of contract. Yap Yeong Hui represented a local bank in a vessel arrest over ship mortgages.

 
ACCOLADES & AWARDS

Skrine Retains Who’s Who Legal Accolade for Malaysia

On 15th May 2017, the Who’s Who Global Awards was held in London, United Kingdom and Skrine was conferred the Award:

Malaysia Law Firm of the Year 2017

Skrine previously received this Award in 2013, 2014, 2015 and 2016.

>> READ MORE

SKRINE Clinches Top Honours at ALB Malaysia Law Awards 2017

On 6th April 2017, the Asian Legal Business Malaysia Law Awards was held and SKRINE was named

Malaysia Law Firm of the Year 2017

SKRINE also bagged 5 other awards

>> READ MORE

Asialaw Profiles 2017

The Asialaw Profiles has ranked Skrine as Outstanding Firm and particularly highlighting the following practice areas:

Outstanding Firm

  • Competition & Antitrust
  • Corporate/M&A
  • Dispute Resolution
  • Energy & Natural Resources
  • Intellectual Property
  • IT, Telco & Media
  • Project & Infrastructure

>> READ MORE

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