LSH-bw Lee Shih
Partner, Dispute Resolution Division
SKRINE


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 868
Fax: 603 - 2094 3211
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  Overview  

Lee Shih graduated from the University of Bristol, England with a LLB (Hons) degree. He was admitted as a Barrister-at-Law (Gray's Inn) in 2004 and was admitted as an Advocate & Solicitor in the High Court of Malaya in 2005. Having completed his pupillage at Skrine, he joined as an associate in October 2005 and was made a Partner in January 2012.

His portfolio of litigation work focuses on international arbitration, corporate litigation and corporate insolvency. He regularly acts in cross-border disputes and has appeared in international arbitrations in Asia and Europe. He has acted as lead Counsel in a variety of shareholder disputes, involving just and equitable winding up and oppression petitions. He also advises and acts in insolvency, schemes of arrangement and receivership matters.

Lee Shih is listed in the Legal 500 Asia Pacific and was described as "diligent and indefatigable, and a name to watch for the future". He is ranked in Chambers Asia-Pacific 2014 - 2018 where he has been described as “making an excellent name for himself in litigation, particularly for corporate and insolvency litigation and international arbitration” and as being part of "the next generation of talented individuals: a forceful advocate in terms of intellectual prowess and punching well above his weight in terms of his level of seniority."

In the 9th edition of the Global Arbitration Review (GAR) 100 (2016), clients commented that he is “an impressive up and coming lawyer” and “a safe pair of hands.”

Benchmark Litigation Asia Pacific 2018 lists him as a “Future Star”.

He is a Council member of the Insolvency Practitioners Association of Malaysia (IPAM) and a member of INSOL International. He also sits as a member of the Insolvency Practice Committee of the Malaysian Institute of Certified Public Accountants.

  Further Details  

Areas of Practice

Administrative, Arbitration, Companies Winding Up, Competition, Corporate & Commercial.

Professional Affiliations

  • Council Member of the Insolvency Practitioners Association of Malaysia
  • Member of INSOL International
  • Member of the Insolvency Practice Committee of the Malaysian Institute of Certified Public Accountants
  • Associate Member of the Chartered Institute of Arbitrators (UK)
  • Member of the Australasian Forum for International Arbitration

  Experience  

International Arbitration

  • Acting in a KLRCA arbitration with the quantum in dispute in excess of RM1 billion. We are acting for a subsidiary of an international shipping company in the arbitration against a major oil and gas entity in a dispute involving the construction and leasing of a semi-floating production system.
  • Acted in an ICC arbitration with the seat in Singapore on a dispute between joint venture parties involving more than RM 56 million.
  • Acted in an ICC arbitration with the seat in Malaysia involving a dispute on the exercise of a call option for RM 30 million worth of shares.
  • Acted in an ad hoc international arbitration in London involving a claim in excess of US$ 22 million against an oil and gas trader.
  • Acted in an UNCITRAL arbitration with the seat in Malaysia involving a dispute on the call on a bank guarantee of approximately USD 12 million.
  • Acted in successfully striking out a Malaysian Court application to set aside an arbitral award where the seat of arbitration was in Singapore. The arguments involved questions of jurisdiction and confirmation that the Arbitration Act 2005 would not extend to the setting aside of an award where the seat was outside of Malaysia: see Twin Advance (M) Sdn Bhd v Polar Electro Europe BV [2013] 7 MLJ 811.

Securities Litigation and Regulatory Enforcement

  • Acted for the Malaysian securities regulator in successfully opposing a judicial review application against an investigation against an auditor: see Lee Kok Wai & Anor v Securities Commission Malaysia [2015] 4 CLJ 260. Subsequently acted for the regulator in successfully striking out a civil action filed based on the Whistleblowers Protection Act.
  • Acted for the Malaysian Stock Exchange in resisting a judicial review application by directors regarding the imposition of fines of RM 3 million and for the return of RM 16 million. Subsequently acted for the Stock Exchange in successfully obtaining an enforcement Order under the Capital Markets and Services Act 2007 to compel payment of the fines and for recovery of the RM 16 million. A committal order was also obtained: see Bursa Malaysia Securities Bhd v Tengku Dato’ Kamal Ibni Sultan Sir Abu Bakar & Ors [2017] 7 MLJ 141.
  • Acted for the Malaysian Stock Exchange in successfully resisting a judicial review challenge to its decision to strike off a dealer’s representative for manipulative dealing activities.
  • Acted for the Malaysian derivatives exchange in successfully striking out a RM3 million action based on alleged negligence: see Fima Palmbulk Services Sdn Bhd v Bursa Malaysia Derivatives Berhad [2009] MLJU 757.

Corporate Fraud

  • Acting for a Malaysian trading house which is a subsidiary of a Japanese public listed company on both the Tokyo and Nagoya Stock Exchange. The client is pursuing a claim for more than RM150 million against twenty defendants for fraud, and to trace the monies and assets which have moved into different jurisdictions. We are presently leading a team of foreign lawyers and forensic experts. Recently, acted in successfully resisting the setting aside of the Mareva freezing orders: see Toyota Tsusho (M) Sdn Bhd v Foo Tseh Wan & Ors [2018] MLJU 708.
  • Acted for a company in investigating the wrongdoings of its former Managing Director and other officers, where the investigation covered various breaches of duties, breach of mandate, siphoning of funds, and unauthorised related party transactions.
  • Acted for a major palm oil producer in its investigation of a fraud involving freight rates. It involved leading and working with a team of global forensic experts, intelligence companies and foreign lawyers. The investigation and legal issues spanned several jurisdictions, including England and Singapore.
  • Assisted in 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.

Corporate & Commercial Litigation

  • Acted in a shareholders dispute among shareholders of a bank. Disputes arose from the shareholders’ agreement and on the re-election of directors. We successfully resisted the claim for certain declaratory orders and injunctions and stayed the claim pending arbitration: see RUSD Investment Bank Inc & Ors v Qatar Islamic Bank & Ors [2015] 1 LNS 231.
  • Acted for a subsidiary of a national oil and gas company to successfully sue for a sum in excess of RM 300 million arising from a EPCC project in Sudan. Acted as Counsel in various interlocutory applications including applications for striking out, consolidation, expungement of alleged without prejudice communications and a stay of Court proceedings: see Malaysian International Trading Corp (Japan) Sdn Bhd v Bentini SpA & Ors [2014] 11 MLJ 255.
  • Acted as counsel in successfully applying for the appointment of interim Receivers and Managers in an oppression petition in order to protect the assets of the company from being disposed of by the Liquidator. Acted in the trial of the oppression petition in bringing the claim against the two directors and to challenge the appointment and the acts of the Liquidator: see Drico Ltd v Drico (Water Specialist) Sdn Bhd & Ors [2011] 1 LNS 488.
  • Acted as counsel in opposing an application for a declaration that the removal of certain directors was void, which included a determination of whether a physical shareholder meeting was required in order to remove directors: see Dato’ Low Tuck Choy & Anor v Chong Kok Weng & 4 Ors [2009] 8 AMR 759.

Receivership, Corporate Insolvency & Restructuring

  • Acted as Malaysian counsel in the cross-border debt restructuring of a Singapore-listed shipbuilding company and its two Malaysian subsidiaries. Acted in successfully implementing two schemes of arrangement in Malaysia, obtaining leave for the court convened meeting, and obtaining court sanction for modifications to be made to the scheme of arrangement. The total debts being restructured was in excess of RM 1 billion.
  • Acted at trial for former receivers and managers of a company in successfully opposing a suit brought by the company seeking among others, damages of RM1.28 billion based on a purported wrongful appointment of the receivers and managers.
  • Acted for provisional liquidators of a recently delisted public-listed company in resisting/defending multiple applications for restraining orders and other mandatory orders filed by various creditors and shareholders seeking to compel the company/provisional liquidators to take specific steps pursuant to different proposed schemes of arrangement.
  • Advised and acted for a white knight company in rehabilitating an abandoned property development by way of a successful Scheme of Arrangement to restructure the accrued liquidated ascertained damages.
  • Acted as counsel for a subsidiary of a major government linked company at both the High Court and Court of Appeal. The company was the largest Scheme Creditor with a debt of more than RM 260 million in a proposed scheme of arrangement involving scheme liabilities of more than RM 1 billion. Successfully set aside the restraining Order and opposed the leave to convene the creditor meetings.

  Publications  

Authored the following articles:

(i) Arbitration

(ii) Corporate & Commercial Litigation:
(iii) Corporate Insolvency & Restructuring

(iv) Fraud & Corruption

Presented the following talks:

(i) Arbitration 

  • Speaker at the YPG KLRCA – Young SIAC Advocacy Workshop in 2017.
  • Speaker at the Herbert Smith Freehills arbitration seminar in 2015 entitled ‘May the Odds Be Ever in Your Favour’.
  • Speaker at the Centre for Cross-Border Commercial Law in Asia seminar in Singapore on “Enforcing Arbitral Awards and Foreign Judgments in Malaysia.”
  • Co-speaker at the Skrine International Arbitration Day on "How to Avoid Pitfalls and Prepare for International Arbitration".

(ii) Corporate & Commercial Litigation

  • Speaker with the Capital Markets Development Programme under the Securities Industry Development Corporation.
  • Speaker on ‘Changes in the Listing Requirements Post-Companies Act 2016’ organised by the Securities Industry Development Corporation in 2018.
  • Presented a talk on Injunctions in the Corporate and Commercial Sector, LegalPlus conference in 2017.
  • A speaker on the Companies Act 2016 at the MAICSA Symposium in 2016.
  • A speaker on the Companies Act 2016 at the MIA International Accountants Conference in 2016.
  • Speaker at the Malaysian Legal and Corporate Conference 2015
  • Speaker at the Companies Commission of Malaysia National Conference 2015.
  • Speaker at the International Law Office seminar on “Building a Culture of Compliance” in Hong Kong in 2014.
  • Speaker at the Labuan International Business & Financial Centre Legal and Corporate Conference 2014.

(iii) Corporate Insolvency & Restructuring

  • A speaker with the Companies Commission of Malaysia Training Academy (COMTRAC) on winding up and corporate rescue.
  • A speaker at the Singapore Insolvency Conference 2018 on ‘Enforcement in the Face of Insolvency and Solutions’.
  • A speaker at the INSOL International Kuala Lumpur seminar in 2017.
  • Presented a talk as an associate speaker of the Companies Commission of Malaysia on Closing of Companies and Limited Liability Partnerships in 2017.
  • Presented a talk on judicial management at the SSM National Insolvency Conference in 2016.
  • Speaker at the 2nd Regional Insolvency Conference 2014 organised by the Law Society of Singapore.
  • Presented a talk on "Judicial Management: Great Powers, Great Responsibilities" at the Malaysian Institute of Accountants (MIA) and Insolvency Practitioners Association of Malaysia (IPAM) Insolvency Conference 2014.
  • Speaker at the Bar Council-IPAM seminar on “Schemes of Arrangement: Revival of Abandoned Housing Projects.”

 

 
ACCOLADES & AWARDS

Benchmark Litigation Asia-Pacific 2018

alb-mla-2018-winner

We are pleased to announce that our firm is recognised as a Top Tier Firm in the inaugural Benchmark Litigation Asia-Pacific 2018. Some of our partners were also listed in the rankings.

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Who’s Who Legal Awards 2018

alb-mla-2018-winner

We are pleased to announce that Skrine has once again been named Malaysia Law Firm of the Year. The award was conferred at the Who’s Who Legal Awards 2018 on 8th May 2018 in London, United Kingdom.

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Asian Legal Business Malaysia Law Awards 2018

alb-mla-2018-winner

Skrine has been ranked as Arbitration Law Firm of the Year and Maritime Law Firm of the Year.

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The Chambers Asia Pacific 2018 Rankings

Skrine has been ranked as Leading Firm for Dispute Resolution, Intellectual Property and Projects, Infrastructure & Energy.

>> READ MORE

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