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 October 2004 and was admitted as an Advocate & Solicitor in the High Court of Malaya in September 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 has been ranked as an 'Up and Coming' Dispute Resolution lawyer in Chambers Asia-Pacific 2014 - 2017 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.”

He is a Council member of the Insolvency Practitioners Association of Malaysia (IPAM) and a member of INSOL International.

Having been trained by the Advocacy Training Council of England and Wales, he is now an advocacy trainer with the Malaysian Bar and teaches advocacy to pupils and young lawyers.

  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
  • Associate Member of the Chartered Institute of Arbitrators (UK)
  • Member of the Australasian Forum for International Arbitration

Qualifications

  • Advocate & Solicitor, High Court of Malaya
  • Barrister-at-Law, Gray’s Inn, London
  • LLB (Hons) University of Bristol

  Experience  

International Arbitration

  • 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.
  • Acted as Counsel in successfully enforcing in Malaysia an ICC arbitral award with the seat in Singapore for the sum in excess of RM58 million.

Securities Litigation and Regulatory Enforcement

  • 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.
  • 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).
  • Acted for the Malaysian securities regulator in successfully opposing a judicial review application against an investigation against an auditor

Corporate & Commercial Litigation

  • Acted 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 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 for a subsidiary of a major government linked company successfully suing 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.
  • 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
  • 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. Presently acting for the company in pursuing a suit against the defendants for a claim in excess of RM 60 million.
  • Assisted 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.

Receivership, Corporate Insolvency & Restructuring

  • 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.
  • Acted as Counsel at both the High Court and the Court of Appeal for directors of a wound up company in successfully opposing a committal application for an alleged breach of the winding up Order.
  • Assisted lead Counsel before the Court of Appeal concerning an injunction of winding up. The appellate court confirmed that the test to be applied when granting an injunction to restrain the filing of a winding up petition is whether there is a bona fide dispute of debt on substantial grounds: see Tan Kok Tong v Hoe Hong Trading Co Sdn Bhd [2007] 4 MLJ 355.
  • 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.
  • Advised a subsidiary of a major government linked company which was the largest Scheme Creditor with a debt of more than RM 180 million in a proposed Scheme of Arrangement involving the restructuring of over RM 1.4 billion worth of debt. Advice included possible grounds in opposition of the Proposed Scheme and the setting aside of the Restraining Order.
  • 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

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

  • 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 Bar Council seminar on "Shareholders WMDs: Winding-up, Minority Oppression and Derivative Actions" in 2014.
  • Speaker at the Kuala Lumpur Bar Committee seminar on “How to Slay A Dragon: Shareholder Remedies.”
  • Speaker at the Labuan International Business & Financial Centre Legal and Corporate Conference 2014.
  • Speaker at the Malaysian Institute of Accountants session on "The Companies Bill 2013 – Revamping the Companies Act 1965."
  • Moderated the MIA International Accountants Conference 2014 on the Companies Bill 2013.
  • Speaker at the CLJ Law conference on the “Companies Bill 2013: Key Change to the Corporate Landscape.”

(iii) Corporate Insolvency & Restructuring

  • 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 MIA-MICPA-IPAM Insolvency Conference 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.”
  • Speaker at the Malaysian Institute of Accountants session on "The Private Appointment of Receivers."
  • Delivered the talk “The Changing Face of Insolvency: Borrower Gain, Lender Pain?” to several banks.

 

 
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 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

>> READ MORE

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