lim-chee-wee Dato’ Lim Chee Wee
Partner, Dispute Resolution Division
SKRINE


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 825
Fax: 603 - 2094 3211
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

  Overview  

Dato’ Lim Chee Wee graduated from the University of New South Wales, Australia with a LLB degree and B. Comm. (Accounting) degree. He was called to the Malaysian Bar as an Advocate & Solicitor in the High Court of Malaya in March 1993 and started practising in SKRINE. He was made a partner of SKRINE in January 2001. Chee Wee is the former president of the Malaysian Bar from 2011 to 2013.

Chee Wee has a broad commercial practice having experience in a wide variety of commercial and corporate disputes and litigation including international arbitrations in Asia and Europe. He has worked closely, amongst others, with clients from Australia, Denmark, France, the Netherlands, Thailand, the United Kingdom and Singapore in managing their cross border disputes. Chee Wee primarily acts as Counsel having appeared at all tiers of the Malaysian Courts and his portfolio of litigation work has a particular focus towards corporate litigation such as shareholders disputes, restructuring, recovery and insolvency. He has a number of cases reported in the law reports.

He also has an established public and administrative law practice having regularly advised and acted as Counsel for the Malaysian stock exchange and another regulator in matters involving its rules and regulations and on the exercise of its enforcement powers.

His other areas of practice also encompass banking, construction and engineering, land law, reinsurance, trusts and partnership disputes.

He is listed in various international legal directories as a leading individual for dispute resolution.

He is recommended by the Legal 500 2008/09 as one of the “star turns” of the Dispute Resolution Division of SKRINE. He has been described as “young, energetic, intelligent, available at any hour and highly responsive” by the Legal 500 2009/2010.

Chee Wee is listed in Chambers Asia 2010 as a leading individual for Dispute Resolution and is described as being “a bright litigator with solid arguments and good commercial instincts.

In Asialaw Profiles 2011, clients revere him as “an up-and-coming partner and as evidence of the practice’s strength throughout junior and senior levels”. In Legal 500 2010/2011, he is considered as a ‘rising star’ and has been described as ’full of energy’, and ‘provides well thought solutions’.

The Legal 500 2012, describes him as being “energetic, young but with a wealth of experience, resourceful, creative, attentive to detail and highly ethical”. Chambers Asia 2012 describes him as having “a high profile in the international arbitration field” and having “worked on a number of cases in London and Singapore over the past year”.

The Legal 500 2013 describes him as “extremely resourceful” and “works his socks off for clients”.

Chambers Asia 2014 described him as a highly regarded practitioner with extensive experience in handling cross-border disputes in the Asia-Pacific region and Europe. He is "very versatile and thoroughly hard-working," according to sources.

  Further Details  

Areas of Practice

Administrative, Arbitration & Alternative Dispute Resolution, Bankruptcy/ Insolvency, Commercial Crime, Constitutional, Public & Administrative Law, Corporate & Commercial Disputes, Directors & Officers Liability, Partnerships, Professional Liability/ Negligence, Trusts, Will/ Probate Disputes.

Professional Affiliations

  • Member, Chartered Institute of Arbitrators
  • Former Member, PAM Committee revising the PAM Forms 1998 Edition
  • Member of the National Unity Consultative Council Member of the Operations Review Panel of the Malaysian Anti-Corruption Commission

Qualifications

  • Advocate & Solicitor, High Court of Malaya
  • LLB (New South Wales)

  Experience  

International Arbitration

  • Acting as sole arbitrator in an UNCITRAL Arbitration with seat of arbitration in Singapore involving disputes arising from a satellite service agreement with Singapore law governing the agreement.
  • Acted for a foreign client in an ICC Arbitration with seat of arbitration in Singapore involving disputes arising from shareholders and settlement agreements.
  • Acted for a foreign client in a crude oil supply dispute in an ad hoc arbitration with seat of arbitration in London and the governing law of the contract being English law.
  • Acting for a foreign client in a bitumen mix supply dispute in a SIAC Arbitration with seat of arbitration in Singapore and the governing law of the contract being English Law.

Domestic Arbitration

  • Acting as arbitrator in a KLRCA Arbitration involving disputes arising from a PAM construction contract.
  • Acting for a local company involving a dispute over a professional skills agency agreement with the Government of Malaysia based on a build, operate and transfer basis.
Commercial Litigation and Shareholders Disputes
  • Acted for a subsidiary of a major government linked company for a disputed sum of RM 200 million arising from non-delivery and non-performance of an off-shore project.
  • Acted for a major public listed Thai company and its subsidiary involved in a shareholders’ dispute with a minority shareholder in a Malaysian company in various legal proceedings commenced by the minority shareholder against the Thai companies. In the first legal action, Aras Jalinan Sdn Bhd v Tipco Asphalt Public Company Ltd & Anor [2008] 5 CLJ 654, the High Court dismissed the Plaintiff’s application for an injunction pending arbitration on the ground, inter alia, that the High Court has no jurisdiction to grant such relief where it is in relation to a pending international arbitration with seat of arbitration in a foreign state. The Court of Appeal has affirmed the High Court Judge’s decision. Subsequently, the minority shareholder filed an oppression petition against clients as well as an application for an injunction to prevent clients from exercising their majority rights. The High Court dismissed the Injunction and struck out the Petition with costs.
  • Appeared before the Court of Appeal in the leading case of Tan Kok Tong v Hoe Hong Trading Co Sdn Bhd [2007] 4 MLJ 355. 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.
  • Acted for a Fortune-500 company in a put-option dispute against a public listed company in Malaysia for the sale of shares in a subsidiary of the said public listed company for consideration of RM 16 million.
  • Appearing as lead counsel for majority shareholder of a licensed financial institution in an ongoing board of directors and shareholders disputes involving a detailed examination of the law of conduct of meeting and interplay between articles of association and shareholders' agreement.
  • Acted for a subsidiary of a major government linked company in recovering a sum of RM300 million owing to it. The present litigation has involved resisting applications for an injunction to restrain the filing of a winding up petition, and the novel application of a recent House of Lords decision on the admissibility of without prejudice communications.
  • Acted for a major public listed construction company in Malaysia in various legal actions involving the removal and appointment of directors, breach of director’s duties and defamation.

Public and Administrative Law

  • Advised and acted for the Malaysian stock exchange in numerous judicial review proceedings and actions for injunctive relief filed by companies pursuant to decisions rendered by the stock exchange in the exercise of its powers of enforcement including the following:-
  • Appeared before the Federal Court (our apex court) in the case of Wembley Holdings Berhad v Bursa Malaysia Securities Berhad (“Wembley”), (Federal Court Application No.: 08()-189-2008(W) which dealt with an application for an Erinford Injunction to restrain Bursa from de-listing Wembley’s securities from Bursa’s Official List. The appellate court decided in favour of the Bursa in that the court should be slow in interfering in the decisions of the Stock Exchange, in the exercise of its statutory duties as long as it exercises its duties in good faith, and in the accordance of due process.
  • Appeared before the Court of Appeal in the case of Bursa Malaysia Securities Berhad v Gan Boon Aun (Civil Appeal No. W-02-439-2008) opposing leave for Judicial Review. The Court of Appeal dealt with a novel point of law and affirmed that Bursa can proceed with and decide on the breaches of its rules and requirements independent of or concurrent with proceedings in Court on breaches by the same individual of any other written law, as long as it exercises its duties in good faith.
  • Appeared before the High Court in the case of Avangarde Resources Berhad & 2 Ors v Bursa Malaysia Securities (Shah Alam High Court Suit No. MT4-24-465-2006) where the Court granted a Declaration that a Restraining Order under Section 176 of the Companies Act 1965 does not extend to include Bursa’s powers of de-listing.

Banking and Finance

  • Acted for a leading Bank in an ongoing matter in which claims for fraud were brought against high ranking officers for losses sustained from Islamic banking transactions of up to RM760 million. Advised on all aspects of the case including possible criminal investigations.
  • Advised and acted in all 3 tiers of court proceedings for a commercial bank which involves a novel point of law in Malaysia concerning the priority of charges over assets.

Fraud, Corporate Recovery and Restructuring

  • Acted for Mycom Berhad in its successful debt restructuring scheme through a scheme of arrangement and capital reduction in order to restructure RM700 million worth of debt.
  • Acted for and advised a major producer of palm oil in a multi-jurisdictional corporate fraud investigation.
  • Acted for a public listed company which rehabilitated an abandoned property development by way of a Scheme of Arrangement to compromise the accrued liquidated ascertained damages.
  • Advised a subsidiary of a major government linked company who was the largest Scheme Creditor in a Proposed Scheme of Arrangement involving the restructuring of over RM1.4 billion worth of debts incurred by the applicant companies. Advice included the possible grounds in opposition of the Proposed Scheme and the setting aside of the Restraining Order.
  • Acting for a Hong Kong based creditor with amount at stake of HKD 40 million in relation to a dispute over a Musharakah Agreement.

Construction and Engineering

  • Advising and acting for a foreign construction company against whom legal action has been commenced in relation to a major project where the claim is in excess of RM 105 million.

Mediation

  • Acted as mediator and successfully mediated a dispute over 3 revenue sharing agreements.

Other Professional Work / Publications

  • Co-authored the Malaysian Chapter on “Directors in the Twilight Zone Project Zone III”, which is the third edition published and launched by INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals) at its Eight World Congress in Vancouver held in June 2009.
  • Co-authored Chapter 23 on Malaysia for the publication “Warranties and Disclaimers, Limitation of Liability in Consumer-Related Transactions” published by Kluwer Law International and International Bar Association, 2002.
  • Co-authored the Malaysian Chapter of International Comparative Legal Guide to: Corporate Recovery and Insolvency 2007.

 
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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