OOMMEN KOSHY Oommen Koshy
Partner, Dispute Resolution Division
SKRINE


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 899
Fax: 603 - 2094 3211
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

  Overview  

Oommen Koshy holds a B.A. (Hons) Law degree from the University of Kent and is a Barrister of the Honourable Society of the Inner Temple, admitted in Trinity 1989. He was admitted to the Malaysian Bar in June 1990. He commenced his legal practice with Mohamed Ismail & Co. and became a partner of that firm in January 1996. He joined Skrine as a partner in October 2008.

Oommen is primarily engaged in litigation matters and regularly appears in the High Court, the Court of Appeal and the Federal Court. Some of the matters in which he has been involved in have been reported in the Malaysian law journals. His practice includes Islamic Finance litigation and all areas of commercials and civil litigation. He has been involved in landmark cases in the Malaysian Courts on Islamic Finance, Defamation and Enforcement of Arbitral Awards.

Oommen is also involved in the activities of the Malaysian Bar and sits on various sub-committees. He has helped organize numerous Malaysian Law Conferences, Bench and Bar Games, and LawAsia Conference. He also indulges in sports, especially hockey, in his free time.

  Further Details  

Areas of Practice

Banking, Bankruptcy, Companies Winding-Up, Construction & Engineering, Contracts, Corporate & Commercial Disputes, Defamation, Islamic Finance, Landlord & Tenant, Partnership, Real Estate Disputes, Securities & Shares, Sports, Tort, Trust.

Qualifications

  • Advocate & Solicitor, High Court of Malaya
  • Barrister of the Honourable Society of the Inner Temple
  • B.A. (Hons) Law degree from the University of Kent
  • KLRCA Certificate Programme in Sports Arbitration

  Experience  

  • Appeared for the Bank before the Supreme Court in the case of Adnan bin Omar v Bank Islam Malaysia Berhad [Civil Appeal No. 02-390-1994] which dealt with the procedure to be applied in an Order For Sale application in Islamic Banking cases. The appellate court upheld the High Court decision which granted an Order For Sale to the Bank. This was the first Islamic Banking case before the Supreme Court.
  • Appeared for the Bank before the Court of Appeal in the case of Bank Islam Malaysia Berhad v Lim Kok Hoe & Anor And Other Appeals [2009] 6 CLJ 22 which dealt with the validity of Bai Bithaman Ajil contracts. The appellate court reversed the High Court decision which held that the contracts were null and void.
  • Appeared for the Bank before the Court of Appeal in the case of Bank Islam Malaysia Berhad v Azhar bin Osman [Civil Appeal No. W-02-751-2010] which dealt with the quantum of the Bank’s claim. The appellate court reversed the High Court decision which held that the Bank must grant a rebate for “unearned profit”. The appellate court held that the Bank is entitled to claim the outstanding Sale Price under the contract.
  • Appeared for the Respondent before the Federal Court in Lee Yoke Yam v Chin Ken Seng [2013] 1 MLJ 145 which dealt with the issue of whether there was absolute privilege to statements made in police report. The Federal Court upheld the High Court and the Court of Appeal decision that there was absolute privilege to statements made in a police report and therefore could not be subject to a defamation action.
  • Appeared for the Appellant before the Federal Court in CTI Group Inc. v International Bulk Carriers SPA [2017] 5 MLJ 314 which dealt with the issue of whether in the two-stage process for the enforcement of arbitral awards as contained in ss 38 and 39 of the Arbitration Act, a party seeking to set aside an Order made under s 38 can apply to set it aside under that very section on the ground that there was no arbitration agreement in existence between the parties. The Federal Court allowed the appeal and held that the party must apply to set that Order aside under s 39.

Reported Decisions include the following:-

  1. CTI Group Inc. v International Bulk Carriers SPA [2017] 5 MLJ 314 Federal Court
  2. Lee Yoke Yam v. Chin Keat Seng [2013] 1 MLJ 145 Federal Court
  3. Newacres Sdn Bhd v. Sri Alam Sdn Bhd [2000] 2 MLJ 353 Federal Court
  4. Yip Yee Foo v. Edmund Charles Liebenberg [2015] 6 CLJ 217 Court of Appeal
  5. International Bulk Carriers Spa v. CTI Group Inc [2014] 6 MLJ 851 Court of Appeal
  6. Drico Ltd v. Drico (Water-Specialist) Sdn Bhd & Ors [2013] 1 LNS 1297 Court of Appeal
  7. Bank Islam Malaysia Bhd v. Lim Kok Hoe & Anor And Other Appeals [2009] 6 CLJ 22 Court of Appeal
  8. Abu Bakar Ismail & Anor v. Ismail Husin & Ors & Other Appeals [2007] 4 MLJ 489 Court of Appeal
  9. Azzatan Holdings Sdn Bhd And Others v Amfinance Berhad And Anor [2009] MLJU 631 Court of Appeal
  10. MK Associates Sdn Bhd v. Bank Islam Malaysia Berhad [2015] 6 CLJ 97 High Court
  11. NBH Sdn Bhd v. Tanjung Balai Quarry Sdn Bhd [2014] 1 CLJ 793 High Court
  12. CTI Group Inc v. International Bulk Carriers Spa [2014] 11 MLJ 205 High Court
  13. Bank Islam Malaysia Berhad v. Mohamad Najib Shaharuddin & Others [2013] 1 LNS 1401 High Court
  14. Drico Ltd v. Drico (Water Specialist) Sdn Bhd (Company No. 112278-M), Ismail bin Johari, Kinoshita Masao, Tam Kok Meng [2011] MLJU 439 High Court
  15. Adsigns Imej Sdn Bhd v. Yayasan Selangor [2011] 3 CLJ 652 High Court
  16. Tetuan Teh & Lee v. Anwar Yeo Abdullah & Ors [2011] 9 MLJ 298 High Court
  17. Bank Islam Malaysia Bhd v. Azhar Osman & Other Cases [2010] 9 MLJ 192 High Court
  18. Ng Poh Kwang (trading under the name and style of Ng Poh Kwang Chartered Architect) v. Olympia Land Bhd [2010] MLJU 787 High Court
  19. Ahamed Kabeer Segu Abdul Kader & Anor v. Syed Mohamed Bin Sheik Abdul Kader & Anor [2008] MLJU 728 High Court
  20. Lunar Ventures Sdn Bhd v. City One Sdn Bhd [2003] MLJU 84 High Court
  21. TSC Education Sdn Bhd v. Kolej Yayasan Pelajaran Mara & Anor [2002] 2 CLJ 581 High Court
  22. Nepthra Shipping Pte. Ltd v. Razik Fareed International (M) S/B [1999] MLJU 710 High Court
  23. Sri Alam Sdn Bhd v. Newacres Sdn Bhd [1996] MLJU 422 High Court
  24. Sri Alam Sdn Bhd v. Newacres Sdn Bhd [1995] 4 MLJ 73 High Court
  25. Bank Islam Malaysia Berhad v. Adnan Omar [1994] 3 CLJ 735 High Court
  26. National Land Finance Co-operative Society Ltd. v. Raman s/o Perumal Thevar [1993] 1 ILR 390 Industrial Court

Other Professional Work/Publication

  • Vice President, Malaysia Inner Temple Alumni Association
  • Panel Member, Investigating Tribunal, Legal Professional Disciplinary Board
  • Panel Member, Compensation Fund, Legal Profession Act
  • Vice President, Kuala Lumpur Hockey Association
  • Chairman, Legal and Rules Committee, Kuala Lumpur Hockey Association
  • Member, Disciplinary Board, Kuala Lumpur Hockey Association
  • Member, Legal Committee, Malaysian Hockey Federation – 2002/5
  • Member, Bar Council - 2005/6
  • Hon Secretary, Kuala Lumpur Bar Committee - 2002/4
  • Member, Kuala Lumpur Bar Committee -1998/2004

 
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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