KWS Kwan Will Sen

Partner, Dispute Resolution Division

SKRINE


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 814
Fax: 603 - 2094 3211
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

  Overview  

Kwan Will Sen graduated from the University of Malaya with a LLB (Hons) degree in 2009. He was part of the University’s Philip C. Jessup team in 2007 and also led the University’s team to the International Infrastructure and Construction Law Arbitration Moot Competition (organised by Singapore International Arbitration Centre) in New Delhi, India, where the University won the Best International Memorial Award in 2007.

He was admitted as an Advocate & Solicitor in the High Court of Malaya in June 2010. Having completed his pupillage at Skrine, he joined the firm as an associate. He was made Partner in January 2017.

He also completed a three month secondment to the Enforcement Division of Bursa Malaysia Securities Berhad, the Stock Exchange, from August to November 2010. He now acts for the Stock Exchange in resisting judicial review applications in respect of decisions by the Listing and Appeals Committee of the Stock Exchange and the recovery of fines imposed against errant directors of listed issuers and other registered persons.

His portfolio of litigation work focuses on corporate litigation, arbitration, securities, insolvency, administrative law, defamation, and white collar crime.

  Further Details  

Areas of Practice

Arbitration & Alternative Dispute Resolution, Bankruptcy/ Insolvency, Constitutional, Public & Administrative Law, Corporate & Commercial Disputes, Directors & Officers Liability, Securities Law and Defamation.

Professional Affiliations

  • Member of Bar Council’s Constitutional Law Committee

Qualifications

  • Advocate & Solicitor, High Court of Malaya
  • LLB (Hons) Malaya

  Experience  

Corporate & Commercial Litigation

  • Advised and acted as co-counsel for a major government linked company in suing an Italian company and the subsidiary of a major local construction company (now wound-up) for the sum of about RM200 million. The dispute arose out of buy and sell agreements relating to an oil and gas project in Sudan. The High Court dealt with issues relating to the law on partnership, joint venture and moneylending. The High Court allowed the client’s claim of approximately RM 200 million; See the High Court’s grounds of judgment at Malaysian International Trading Corp (Japan) Sdn Bhd v Bentini SPA & Ors [2014] 11 MLJ 255.
  • Successful advised and acted for a major steel company in a land dispute, involving the sum of about RM 100 million (as damages for trespass) against a major local electric utility company. The electric utility company is constructing a power plant, which allegedly trespasses unto the client’s land in Perai, Penang. See the High Court’s grounds of judgment at Ann Joo Steel Berhad v Tenaga Nasional Berhad & Ors [2016] MLJU 588.
  • Advising and acting as co-counsel for a developer, which is a subsidiary of a major construction company in Malaysia. The developer took over an abandoned housing project in Subang Jaya and thereafter resuscitated and completed the project. The developer is being sued for the sum of about RM 40 million by a purchaser over claims of breach of contract and wrongful termination of contract. The developer was successful at both the High Court and Court of Appeal levels.
  • Advised and acted as co-counsel for directors and majority shareholders of a company in a shareholders dispute and opposing oppression (section 181 of the Companies Act 1965) and winding up (section 218 of the Companies Act 1965) petitions against the company, where the assets in dispute amounted to about RM85 million.
  • Advised and acted as co-counsel for an international logistics company in recovering monies in the sum of about RM 5 million against a major international electronics and gadgets company.

International Arbitration/ Domestic Arbitration

  • Acting for a major shipping/ construction company against a major oil and gas company, claiming for the sum of approximately RM 1 billion, in both adjudication and arbitration proceedings, which are ongoing.
  • Acted as co-counsel on behalf of a major Thai company and its related company (‘”the Thai companies”) in an appeal against the Government of Laos in respect of the setting aside of an arbitral award in the sum of approximately USD 56 million. The Thai companies were involved in a power plant project in Hongsa, Laos. The project was a plan, with associated rights, to dig mines, construct and operate lignite-fired electricity generation plants with total capacity of 608 megawatts (later increased to 1,400 megawatts) sited adjacent to the mines, construct roads and transmission lines to provide access to the remote site and build other infrastructure. The Government of Laos terminated the agreement in relation to the project. The parties proceeded to arbitration, where the Thai companies succeeded in claiming for total investment loss of USD 56 million. See the Court of Appeal’s grounds of judgment in Thai-Lao Lignite Ltd & Anor v Government of the Lao People’s Democratic Republic [2014] 1 LNS 525. The matter is now pending leave to appeal to the Federal Court.
  • Assisted in an International Chamber of Commerce (ICC) arbitration with the seat in Singapore on a dispute between joint venture parties involving more than RM 56 million. The joint venture parties were involved in amongst others, a bitumen refinery project in Kemaman, Terengganu.

Public & Administrative Law

  • Acted as co-counsel for the Stock Exchange in the landmark Court of Appeal decision of Tan Sri Dato’ Haji Lamin Mohd Yunus v Bursa Malaysia Securities Berhad [2012] 6 MLJ 182, where the Court held that the Stock Exchange’s Listing Requirements have statutory force (pursuant to the provisions under the Capital Markets and Services Act 2007) and thus, require strict compliance. The case arose out of a judicial review application by the directors of Golden Plus Holdings Berhad against the Stock Exchange’s decision to fine the directors for various breaches of the Listing Requirements of the Stock Exchange. See also the High Court’s grounds of judgment in Tan Sri Dato’ Haji Lamin Mohd Yunus v Bursa Malaysia Securities Berhad [2012] 7 MLJ 85.
  • Acted as co-counsel in the High Court in the case of Binaform Sdn Bhd & Anor v Oilfab Sdn Bhd & 2 Ors, Bursa Malaysia Securities Berhad (Intervener) (Shah Alam High Court Suit No. 24-2223-2010) where the Court held that a Restraining Order under Section 176 of the Companies Act 1965 does not extend to include the Stock Exchange’s powers of de-listing.
  • Assisted and advised the Port Klang Authority (PKA) Special Task Force to assess the issues arising from the Port Klang Free Zone (PKFZ) audit report on the PKFZ project and to give its recommendations on how to right the wrongs and pursue appropriate legal remedies.

Defamation

  • Advised and acted as co-counsel in the landmark Federal Court case of Lee Yoke Yam v Chin Keat Seng [2013] 1 MLJ 145. The Federal Court held that matters stated under a police report (i.e. a first information report made under section 107 of the Criminal Procedure Code) attracts absolute privilege (as opposed to qualified privilege) and thus, could not give rise to a cause of action for defamation. See also the article ‘Licence to Defame?’ published in Skrine’s Legal Insights.

Criminal law

  • Acting for a major oil company, where the company is being charged for an alleged offence under the Occupational Safety and Health Act 1994 (OSHA).
  • Advising companies on compliance with OSHA and anti-corruption laws.

Pro bono

  • Acted as co-counsel for the Bar Council in the disciplinary proceedings against VK Lingam for alleged breaches of the Legal Profession (Practice and Etiquette) Rules 1978, due to his purported role in a video clip where he allegedly brokered the appointment of judges. VK Lingam has been struck off the Roll and his appeal is now pending hearing at the High Court.
  • Acted as co-counsel for the Bar Council in the judicial review application initiated by Karpal Singh against the Chief Justice (CJ) for an order of mandamus to compel the CJ to respond to Mr Karpal’s letter of complaint against the CJ; See Karpal Singh Ram Singh v Ketua Hakim Negara [2011] 4 CLJ 179.

  Others  

Reported/Unreported Decisions

Federal Court

  1. Lee Yoke Yam v Chin Keat Seng [2013] 1 MLJ 145

Court of Appeal

  1. Mokhtar Ngah v Yang Dipertua Majlis Daerah Hulu Terengganu; Majlis Peguam (Proposed Intervener) [2015] 1 LNS 1438
  2. Thai-Lao Lignite Co Ltd & Anor v Government of The Lao People’s Democratic Republic [2014] 1 LNS 525
  3. Tan Sri Dato’ Hj Lamin bin Hj Mohd Yunus v Bursa Malaysia Securities Bhd [2012] 6 MLJ 182
  4. Drico Ltd v Drico (Water-Specialist) Sdn Bhd & Ors [2013] 1 LNS 1297
  5. MHES v PKNS Engineering & Construction Berhad [2013] 1 LNS 1533

High Court

  1. Ann Joo Steel Berhad v Tenaga Nasional Berhad & Ors [2016] MLJU 588
  2. Edmund Charles Liebenberg v ICB - Griffin Manufacturing Sdn Bhd & Ors [2016] MLJU 718
  3. Malaysian International Trading Corporation (Japan) Sdn Bhd v Bentini SpA & Ors [2014] 11 MLJ 255
  4. Mokhtar Ngah v Yang Dipertua Majlis Daerah Hulu Terengganu; Majlis Peguam (Proposed Intervener) [2014] 1 LNS 808
  5. Tiara Erti Sdn Bhd v Lau Chai Mooi & Yang Lain [2014] 1 LNS 878
  6. Chong Chit Eng v RHB Investment Bank Berhad [2013] 1 LNS 738
  7. Port Klang Authority v Datin Paduka Phang Oi Choo @ Phang Ai Tu [2015] MLJU 965
  8. Karpal Singh Ram Singh v Ketua Hakim Negara [2011] 4 CLJ 179

 
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.

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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

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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

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