Sharon Chong Tze Ying Sharon Chong Tze Ying
Partner, Dispute Resolution Division
SKRINE


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Tel: 603 - 2081 3999 ext 827
Fax: 603 - 2094 3211
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  Overview  

Sharon Chong graduated from the University of London (External) with a LLB (Hons) degree. She was admitted as an Advocate & Solicitor in the High Court of Malaya in August 2008. Having completed her pupilage at Skrine, she joined as an Associate in August 2008 and was made a Partner in January 2016.

Her portfolio of dispute resolution work focuses on corporate and commercial litigation and arbitration. She acts as an advocate in a wide array of matters and cross-border disputes and has appeared as lead and junior counsel at all tiers of the Malaysian Courts and international arbitrations in Asia and Europe. She has worked together with and also against foreign solicitors in the United Kingdom, the United States, India and Singapore.

Sharon is on the panel of arbitrators of the Kuala Lumpur Regional Centre for Arbitration and is a Fellow of both the Chartered Institute of Arbitrators (UK) and the Malaysian Institute of Arbitrators. She is also a Council member of the Malaysian Institute of Arbitrators. She is presently an Assistant Tutor at the Chartered Institute of Arbitrators and facilitates its Pathways programme by providing education and training for ADR practitioners.

  Further Details  

Areas of Practice

Administrative, Arbitration & Alternative Dispute Resolution, Companies Winding Up, Corporate & Commercial, Insolvency, Trusts.

Professional Affiliations

  • Fellow of the Chartered Institute of Arbitrators (CIArb) UK.
  • Fellow of the Malaysian Institute of Arbitrators (MIArb).
  • Panel Arbitrator, Kuala Lumpur Regional Centre for Arbitration (KLRCA).
  • Council member of the Malaysian Institute of Arbitrators.
  • Assistant Tutor at the Chartered Institute of Arbitrators.
  • Member of INSOL International.
  • Member of the International Women’s Insolvency & Restructuring Confederation (IWIRC).
  • Member of the Young International Arbitration Group (YIAG) of the London Court of International Arbitration (LCIA).
  • Member of YSIAC of the Singapore International Arbitration Centre.
  • Head of Public Relations of the Young Members Group (YMG) of the CIArb in 2013-2014.
  • Former Member, Corporate and Commercial Committee of the Malaysian Bar.

Qualifications

  • Advocate & Solicitor, High Court of Malaya
  • LLB (Hons) University of London
  • Fellow of Chartered Institute of Arbitrators (UK)
  • Fellow of Malaysian Institute of Arbitrators.

  Experience  

Arbitration / International Arbitration

  • Advising and acting for a foreign client in an SIAC arbitration involving petroleum product quality dispute against one of the largest integrated energy and commodity trading companies in the world.
  • Acting for a reinsurer in an international arbitration under the auspices of the Thai Arbitration Institute.
  • Acted successfully as co-counsel in an ICC arbitration with seat of arbitration in Singapore on disputes arising from shareholders and settlement agreements involving more than RM 56 million. Preliminary objections taken included the issue of whether a respondent was entitled, under the ICC Rules of Arbitration 1998, to bring a cross-claim against a co-respondent, an issue which has since been addressed in the new ICC Rules of Arbitration which came into force on 1 January 2012. Disputes raised concerned construction of contract terms, breach of contract, fiduciary relationships and duty of good faith.
  • Advised and acted successfully for a foreign client against the world’s largest commodities trading company in an ad hoc arbitration with the seat of arbitration in London and the governing law of the contract being English law. Worked closely with Queen’s Counsel and barrister of Essex Court Chambers, London on all aspects of the case and successfully resisted claims of force majeure arising out of a contract for crude oil supply. Damages for breach of contract in the sum of US$ 20.2 million plus interests and costs were awarded by the tribunal to the client.
  • Acting for a foreign client to enforce an ICC Award involving a sum in excess of USD 17 million.
  • Advised a subsidiary of one of the world’s largest integrated oil and gas services and solutions provider in a subsea cable installation project.
  • Representing a reinsurer which is the world’s first Shariah compliant/Reinsurance operator in various international arbitration proceedings on coverage issues in claims resulting from environmental disasters in Thailand in 2011.
  • Successfully opposed an application for stay of a winding-up petition pending reference to arbitration where none of the parties are signatories to the arbitration agreement. [Setarabakat Sdn Bhd v Evergreen Haven Sdn Bhd [2015] 2 CLJ 709]
  • Acting for a Thai company and a Lao company in their appeal to the Federal Court against the Court of Appeal decision which upheld the High Court order to set aside an international arbitration award for the sum of USD 57.2 million. [Thai-Lao Lignite Co. Ltd & Hongsa Lignite Co. Ltd v Government of the Lao People’s Democratic Republic Civil Appeal No. W-02(NCC)(A)-96-01/2013]
  • Acted for the director of the Kuala Lumpur Regional Centre for Arbitration where the director's immunity from legal suits and other process were in question. [AV Asia Sdn Bhd v Director of KLRCA & Measat Broadcast Network Systems Sdn Bhd Orginating Summons No. 24NCC(ARB)-1-01/2013]
  • Acted for the Kuala Lumpur Regional Centre for Arbitration where the appointment of an arbitrator by the Centre as an appointing authority is challenged by one of the parties. [Al-Hidayah Properties Development Sdn Bhd v KLRCA & Kukdong Engineering & Construction Co Ltd Originating Summons No. 24NCC-184-06/2013]

Corporate & Commercial Litigation

  • Advised and acted as co-counsel on behalf of 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 affirmed the High Court Judge’s decision. In the second legal action, 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’s decision to dismiss the injunction and strike out the Petition with costs was overturned by the Court of Appeal [Aras Jalinan Sdn Bhd v Tipco Asphalt Public Company Ltd & Anor [2011] 8 CLJ 830]. This matter went all the way up to the Federal Court, where the Federal Court granted leave for clients to appeal to the Federal Court [Tipco Asphalt Public Company Limited & Anor v Aras Jalinan Sdn Bhd Civil Appeal No. 02(i)-26-05/2013(W)]. After the hearing of the appeal proper and before the Federal Court’s decision was delivered, the parties successfully settled the matter.
  • Acted as co-counsel for an investment holding company (a subsidiary of an Australian company listed on the stock exchanges of Australia and New Zealand with leading outdoor advertising businesses in Australia and New Zealand, and with growing businesses in Hong Kong and Indonesia) in successfully resisting a claim that there was a concluded contract for the transfer of 30% shares in a local outdoor advertising company in Malaysia between the plaintiff and the shareholders of the said company. [Capital Billboards Sdn Bhd v Asia Posters Sdn Bhd & Ors [2012] 1 LNS 724]
  • Successfully obtained a summary judgment for Intel Capital Corporation against Green Packet Berhad for the specific performance of a put option agreement where Green Packet Berhad was ordered to pay the option exercise price of RM 60 million together with the interest of 1.5% per month compounded monthly.
  • Acted as counsel in successfully applying for a stay of a winding-up order at the High Court where the judgment which formed the basis of the winding-up order no longer existed.
  • Acted as counsel on behalf of a subsidiary of a public listed company in Malaysia in striking out an action filed by a former director of a company to have access to the company’s statutory and secretarial records on the ground that he did not have locus standi to proceed with his action.
  • Acted successfully for a public listed information technology company in Malaysia in its dispute with its former directors and senior employees involving various breaches of fiduciary duties, conspiracy and fraud. The present litigation involved the granting of a Mareva Injunction Order to freeze the defendants’ assets, as well as the execution of an Anton Piller Order.
  • Acted as co-counsel in opposing an action 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. [Dato’ Low Tuck Choy & Anor v Chong Kok Weng & Ors [2009] 1 LNS 964]
  • Advised and acted as counsel for a major public listed construction company in Malaysia in various legal actions involving the removal and appointment of directors and breach of director’s duties.
  • Acted as co-counsel in opposing a just and equitable winding-up petition which involved various interlocutory applications, including an application to appoint a provisional liquidator for the company, an injunction to restrain the company from appointing additional directors to the board and application for validation orders for payment of dividends to shareholders and staff bonuses.

Other Litigation/Advisory Work

  • Acted as co-counsel for a Consortium comprising two leading global engineering, construction and services corporations (one of which is ranked on the Fortune 500 List of Largest Corporations) and three Malaysian engineering and contracting companies in Malaysia in the High Court reported case of Lembaga Pembangunan Industri Pembinaan Malaysia v Konsortium JGC Corporation & Ors (Issued as Incorporated Partnership) [2011] 7 CLJ 46. This case concerned important questions of law on the construction of the CIDB Act and the Construction Industry (Collection of Levy) Regulations 1996. The Court of Appeal affirmed the High Court decision [2015] 5 CLJ 157 but was later overturned by the Federal Court [2015] 9 CLJ 273.
  • Acted for a leading integrated end-to-end supply chain management solutions partner with companies throughout Asia Pacifc against the world’s largest electronics contractor manufacturer and the third largest information technology company by revenue in various disputes.
  • Acting for an Indian national in a commercial dispute where parties are embroiled in various litigation proceedings involving issues of breach of trust and the secrecy provision in the Labuan Companies Act 1990. The present litigation involved the granting of an anti-suit injunction to restrain a party from continuing or prosecuting or assisting in the prosecution of a suit in a foreign jurisdiction, interpleader application and a Beddoe Order.
  • Successfully resisted an application made to the Labuan High Court by trustees of a Labuan company for leave to disclose information pertaining to the Labuan company for the purpose of disclosure in foreign proceedings commenced by the other beneficial owner against the trustees. This case is the first case decided on the secrecy provisions in the Labuan Companies Act 1990 and included detailed analysis of the Labuan Companies Act 1990 and statutory interpretation.
  • Regularly acts as counsel for Bursa, the Malaysian Stock Exchange in its actions against listed issuers and/or their directors for the recovery of fines imposed under the Listing Requirements.
  • Acting and advising the Securities Industry Dispute Resolution Centre in its first ever judicial review proceedings.
  • 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 and to give its recommendations on the appropriate legal remedies available to the PKA. Legal issues involved breach of fiduciary duties, construction issues, and other issues relating to land.
  • Acted for property developer in cases relating to eviction of squatters. [Sentul Murni Sdn Bhd v Ramlee Ahmad [2013] 1 LNS 235]
  • Advised and acted as counsel for the developer of a high end service apartment situated in the heart of Kuala Lumpur on various sale and purchase and tenancy issues.

 Presentations/Publications  

 

Delivered the following presentations/talks:

  • Presented at the sessions on “The Hearing Process Procedure and Practice” and “Managing the Expert Witness” at the Joint Course on Alternative Dispute Resolution for Practitioners” organised by PAM, MIArb, RISM and IEM.
  • Participated as a panel speaker in the session “Presenting Complex Accounting Cases in Court” at the Forensic and Fraud Investigation Conference 2015: Uncovering Global Trends in Corporate Crimes organised by the Malaysian Institute of Accountants.
  • Participated as a speaker in the session “Comparative Overview of Emergency Relief Measures in Asia” at the 2014 Lex Mundi Litigation, Arbitration and Dispute Resolution Practice Group Asia Pacific Meeting held in Bangkok in December 2014.
  • Participated as a speaker at the Labuan International Business & Financial Centre (Labuan IBFC) Legal and Corporate Conference 2014.
  • Participated as a trainer at the Companies Bill 2013 Workshop organised by CrimsonLogic.
  • Presented a talk on “International Commercial Arbitration” as part of the Kuala Lumpur Bar Young Lawyers Committee’s Professional Development Programme.
  • Presented an evening talk on “Navigating the Minefields of Shareholders’ Disputes – To Litigate or Arbitrate” at the official launching of the Young Members Group of the Chartered Institute of Arbitrators (Malaysia Branch).
  • Presented a talk on “Tons of Documents: Friend or Foe? How to Avoid Being Buried in Paperwork”.

Authored the following chapters/books:

  • Authored the article “The Federal Court in CIDB v JGC Corporation – An Overview and Analysis” published in Issue 2/2015 of the Newsletter of the Malaysian Institute of Arbitrators.
  • Authored the article “Who is to referee a shareholders’ fight: Judge or Arbitrator? [Arbitrability of Shareholders’ Disputes]” published in the May 2015 edition of the Newsletter of the Chartered Institute of Arbitrators, Malaysia Branch.
  • Authored the article “The Arbitrability of Shareholders’ Disputes: An Overview” published in The Law Review 2014.
  • Authored the article “A Case for Incorporation by Reference” published in the August 2013 edition of the Newsletter of the Chartered Institute of Arbitrators, Malaysia Branch.
  • Authored the article “ICC Rules of Arbitration 2012” published in the KLRCA Newsletter (April to June 2013) issue.
  • Authored the article “Immunity of Arbitral Institutions” published in the KLRCA Newsletter (Jan-Mar 2013) issue.
  • Authored the article “Are there Passive Remedies in Jurisdictional Challenges under the Model Law?” published in the 2012 Winter Edition of the Young International Arbitration Group (YIAG) E-news.
  • Authored the article “It’s the Substance That Matters!” published in Issue 1/2012 of the Newsletter of the Chartered Institute of Arbitrators, Malaysia Branch.
  • Authored the article “Malaysian Rules of Court 2012” published in the 2012 Summer Edition of the Young International Arbitration Group (YIAG) E-news.
  • Authored the article “Amendments to Malaysian Arbitration Act 2005” published in the 2011 Winter Edition of the Young International Arbitration Group (YIAG) E-news.
  • Co-authored the Malaysian Chapter on “Directors in the Twilight Zone Project IV” published by INSOL International.
  • 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.
  • Authored various articles and case commentaries for the publication of Skrine Legal Insights (Skrine’s quarterly newsletter) including:
    • The Battle for the Persian (Carpet) Empire: A case commentary on Ebrahimi v Westbourne Galleries Ltd and Ors [1973] AC 360 [2014] (2015)
    • ICC Rules of Arbitration 2012 (2011)
    • Legal Professional Privilege (2011)
    • Is Time Writ in Stone: High Court’s interpretation of the time frame stipulated in Section 181B(2) of the Companies Act (2010)
    • Currying Favour: How far can a candidate go to win votes? (2009)

 
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 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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