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


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 825
Fax: 603 - 2094 3211
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  Overview  

Dato’ Lim Chee Wee is a Partner in the Dispute Resolution Division of Skrine. He 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 the Securities Commission 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 including by The Legal 500 Asia Pacific since 2012 and by Chambers Asia Pacific since 2011 with the recent Chambers Asia Pacific 2018 quoted clients saying he has the “ability to think outside the box and clients absolutely love him”.

  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

  • Secured the largest ever adjudication decision in Malaysia and the largest quantum of dispute under the KLRCA Arbitration Rules to date with the quantum exceeding RM1.1 billion for Gumusut-Kakap Semi-Floating Production System Labuan Limited (“GKL”), a special purpose vehicle of MISC Berhad established for the construction and subsequent leasing of a Semi-Floating Production System for use at the Gumusut oilfield. The issues span from, among others, non-payment of variation works under the contract, the daily lease rate of the Asset and a substantial counterclaim with regard to alleged defects.
  • Acted for Thai-Lao Lignite and Hongsa Lignite against the Government of Lao in order to uphold an arbitral award of more than USD57 million. Enforcement proceedings had already been taken in the US, the UK and in France.
  • 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

  • Acted for Alaf Anggun Sdn Bhd in an arbitration against the Government of Malaysia in seeking damages and the settlement of various outstanding invoices of projects awarded by the Government of Malaysia. The amount claimed exceeded RM60 million.
  • 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 Best Re, the world’s first Shariah compliant/Reinsurance operator fully-owned by the Dubai-based Islamic Arab Insurance Co. (SALAMA) P.S.C., the largest and oldest Takaful group in the world on a facultative reinsurance contract in reference to the incorporation of an arbitration clause in a reinsurance agreement. The effect of this decision reaches beyond the realm of reinsurance and potentially affects a contract as a whole. This is a landmark case in the Insurance/Reinsurance Dispute Resolution practice area.
  • Acting for a Malaysian trading house, a subsidiary of a Japanese public-listed company on the Tokyo and Nagoya Stock Exchange in pursuing a claim for more than RM150 million against twenty defendants for alleged fraud, and to trace the monies and assets from the alleged fraud which have moved into different jurisdictions. It was likely Malaysia’s first-ever third-party discovery orders granted against banks under the new provisions of the Rules of Court 2012 and based on the common law Bankers Trust decision.
  • Acted for a US-based online securities commodities brokerage firm, Interactive Brokers LLC, in a landmark case in relation to the Arbitration Act 2005 to maintain a freezing injunction in support of a foreign seat arbitration in Singapore. The assets frozen were more than RM200 million and were targeted against Malaysian individuals linked to the collapse of share price in three Singapore-listed companies.
  • Acted for New Britain Palm Oil Ltd., one of the world’s largest producers of sustainably produced palm oil and a dual-listed company on the London Stock Exchange and the Port Moresby Stock Exchange in the settlement of a freight rates dispute with a Singapore-incorporated company controlled by one of the NBPOL directors, who is based in another jurisdiction.
  • 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

  • Acted for the Malaysia Competition Commission (MyCC) with regard to a finding of infringement for an abuse of dominance stemming from a high-profile privatization of the government’s foreign workers permit renewal to MyEG Commerce – the fully owned subsidiary of MyEG, and successfully resisted MyEG’s appeal before the Competition Appeal Tribunal.
  • Acted for the Malaysia Competition Commission (MyCC) in the first-ever judicial review of a decision made by the Competition Appeal Tribunal stemming from a high-profile share-swap and collaboration agreement entered into in 2011 by Malaysia’s largest airlines - Malaysian Airlines System Berhad, AirAsia Berhad and AirAsia X Sdn. Bhd.
  • Acted for the Securities Commission Malaysia (SC) in the first-ever legal action filed by an audit firm against the SC tracing back to the headlining act of the public-listed company, Silver Bird Group Berhad, suing this audit firm. The proceedings were reported: Lee Kok Wai & Anor v Securities Commission Malaysia [2015] 4 CLJ 260.
  • Acted for the Malaysian Anti-Corruption Commission (MACC) involving review of investigation papers which were beyond one year or where recommendations for no further action were made.
  • Acted for Securities Industry Dispute Resolution Center (SIDREC) in two judicial review applications filed by PM Securities Sdn Bhd, a stockbroking company which holds a Capital Markets Services Licence issued by the Securities Commission over the Decision/Award rendered by SIDREC, an alternative dispute resolution body established and approved by the Securities Commission Malaysia pursuant to the Capital Markets and Services Act (Dispute Resolution) Regulations 2010.
  • Acted for the Energy Commission (EC) of Malaysia in a judicial review application from Tenaga Nasional Berhad, the largest electricity utility provider in Malaysia, regarding a directive issued by the EC to ensure the execution of a Power Purchase Agreement. This case marks the first time where the decision of the EC has been brought up for Judicial Review and is of great public interest as it affects the generation of electricity for the Country’s usage.
  • 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 Intel Capital Corporation, a division of Intel Corporation, one of the world’s largest and highest valued semiconductor chip makers against a a Malaysian company listed on the Bursa stock exchange. This case is significant as the large quantum involved and that the order was for specific performance obtained by way of a summary judgment order. This is the biggest case to date in Malaysia on this subject matter.
  • 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

  • Acted for Thai-Lao Lignite and Hongsa Lignite against the Government of Lao in order to uphold an arbitral award of more than USD57 million. Enforcement proceedings had already been taken in the US, the UK and in France.
  • 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.

Others

  • Acted for an individual client suing the doctor and hospital, who had lost his vision due to him bucking/waking up during an eye operation. The client was awarded an unprecedented amount of aggravated damages in the sum of RM1 million. This is a landmark decision by the Malaysian Courts in respect of the amount of aggravated damages awarded to the Plaintiff in a medical negligence suit.

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 TransactionsW” 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

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.

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The Legal 500 Asia Pacific 2018 Rankings

Skrine is pleased to announce that the Firm has achieved seven Tier 1 practice area rankings in The Legal 500 Asia Pacific 2018.

Our Tier 1 rankings are in the following areas: 
  • Banking and Finance
  • Corporate and M&A
  • Dispute Resolution
  • Intellectual Property
  • Technology, Media & Telecommunications
  • Real Estate and Construction
  • Labour and Employment

Skrine was also listed as one of the leading firms in the areas of Projects & Energy, and Shipping. 

Four Skrine partners were ranked as leading lawyers in their respective areas. 

>> READ MORE

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