NEWS ALERTS & DEALS ARCHIVES

2017

CORPORATE DIVISION

HSBC Buys Land to Build Headquarters in TRX

Skrine recently acted for HSBC Bank Malaysia Berhad in its acquisition of a piece of land in the Tun Razak Exchange (TRX) for its future headquarters. HSBC Malaysia is investing RM1.06 billion for the acquisition of the land and building of its headquarters at the TRX’s international financial district.

The team from Skrine was led by Senior Partner, Theresa Chong and fellow Partners, Dato’ Philip Chan, Richard Khoo and Sim Miow Yean.

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EPF-MRCB JV in Bukit Jalil Project

Skrine represented the Employees Provident Fund (EPF) in taking an 80% stake in a joint venture (JV) with Malaysian Resources Corp Bhd’s subsidiary Rukun Juang Sdn Bhd (RKSB) to develop a RM20.67bil mixed development project in Bukit Jalil, Kuala Lumpur.

The76.14 acres of land to be developed comprises is to be given by the Government to RKSB as consideration for the works undertaken by RKSB in refurbishing and upgrading the facilities at the National Sports Complex in Bukit Jalil.

The team from Skrine for the transaction was led by Partner, Dato’ Philip Chan along with Sim Miow Yean, Partner and Lee Ai Hsian, Senior Associate.

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PNB to Acquire SILK Highway Concession

Skrine recently acted for PNB in a proposed acquisition in which PNB entered into a conditional agreement to acquire a company that holds the concession for the SILK Highway from Silk Holdings Berhad for RM380 million. The team from Skrine was led by Partner, Cheng Kee Check along with Fariz Abdul Aziz, Partner, Addy, Senior Associate.

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DISPUTE RESOLUTION DIVISION

Competition Commission v Competition Appeal Tribunal

Skrine is acting for Competition Commission (“MyCC”) in the first-ever judicial review of a decision made by the Competition Appeal Tribunal (“CAT”).

This case stems from a high-profile share-swap and collaboration agreement entered into in 2011 by Malaysia’s largest airlines - Malaysian Airlines System Berhad (“MAS”), AirAsia Berhad (“AirAsia”) and AirAsia X Sdn. Bhd.

In its Decision, MyCC found that MAS and AirAsia had infringed the prohibition under section 4(2)(b) of the Competition Act 2010 by entering into a collaboration agreement, the object of which was the sharing of market within the air transport sector in Malaysia.

A financial penalty of RM10,000,000.00 was imposed respectively on MAS and AirAsia. The airlines appealed the matter to the CAT. This constituted the first ever appeal heard and decided by CAT from a decision made by MyCC. The CAT reversed MyCC’s decision.

Consequently, Skrine was engaged by MyCC to file a judicial review application to the Kuala Lumpur High Court to review CAT’s decision. On 25 July 2016, MyCC successfully obtained leave to commence the judicial review proceedings.

Counsel from Skrine who represented MyCC was Dato’ Lim Chee Wee who was assisted by Ms Sharon Chong.

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Toyota Tsusho Malaysia Sdn Bhd

Skrine is presently acting for a Malaysian trading house which is a subsidiary of a Japanese public listed company on both the Tokyo and Nagoya Stock Exchange. The group of companies are part of the Toyota Group.

Skrine is acting for the client 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.

Thus far, Skrine has successfully obtained a worldwide Mareva freezing order for millions worth of assets over different jurisdictions, an Anton Piller search order on multiple locations, and multiple Bankers Trust discovery orders against banks to aid in the tracing the movement of monies. These were 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.

Skrine is leading a team made up of global forensic experts, intelligence companies and foreign lawyers.

Skrine has had to coordinate and give instructions to solicitors in Singapore and other parts of Asia. The Singapore Court has also granted Mareva freezing orders, and an Anton Piller search order.

Counsel from Skrine who are representing the Toyota Group are Dato’ Lim Chee Wee assisted by Lee Shih and Kwan Will Sen.

The Singapore reported decision in one of the discovery orders to trace monies in bank accounts: Toyota Tsusho (Malaysia) Sdn Bhd v United Overseas Bank Ltd & another [2016] SGHC 74.

News reports in Malaysia:

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News reports in Singapore:

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Gumusut-Kakap Semi-Floating Production System Labuan Limited (“GKL”), subsidiary of MISC Berhad.

Skrine acted for GKL, a special purpose vehicle wholly owned by MISC Berhad (“MISC”) a public listed company, established for the construction and subsequent leasing of a Semi-Floating Production System ("Asset") for use at the Gumusut oilfield.

Sabah Shell Petroleum Company ("SSPC"), being a company registered in England and Wales, entered into a contract with GKL to construct the Asset (“Contract”). The Asset is the first of its kind in South East Asia and cost upwards of USD1 billion to construct. The Asset has a lifespan of 25 years and is currently producing an estimated 148,000 barrels per day contributing up to 25% of Malaysia's oil production.

Disputes arose between parties arising from the Contract causing GKL to initiate adjudication proceedings against SSPC. On 10 February 2017, an Adjudication Decision was made in favour of GKL, where the value thereunder is approximately RM 1.1 billion (with payment to be made based on the terms of the Adjudication Decision). This is the largest-ever adjudication decision in Malaysia.

GKL was represented by Dato’ Lim Chee Wee and Lee Shih who were assisted by Kwan Will Sen, Janice Tay,

The Arbitration between GKL and SSPC was reported in mainstream media (by publications such as The Star, New Straits Times, The Sun Daily, and Global Arbitration Review). The relevant links are as follows:

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Adjudication Decision in favour of GKL was reported in mainstream media (The Star, The Sun and The Edge):

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INTELLECTUAL PROPERTY DIVISION

Honda Giken Kabushiki Kaisha v Malaysian Formula Bikes Sdn Bhd & MForce Bike Holdings Sdn Bhd

We acted for Malaysian Formula Bikes Sdn Bhd & MForce Bike Holdings Sdn Bhd, the Defendants in this action. The Plainitff, Honda Giken Kabushiki Kaisha brought a claim for copyright infringement of the 2-dimensional and 3-dimensional representations of its EX5 motorcycle against the Defendants. The Defendants challenged the subsistence of copyright in the 2-D and 3-D representations of the EX5 and the trial on the issue of subsistence of copyright was tried together with another suit involving a different company also accused of copyright infringement. On 24 November 2016, the High Court dismissed the suit brought by Honda against MForce Bike. The suit was filed by Honda against MForce Bike claiming infringement of copyright in the Honda EX5 motorcycle design. In coming to its decision, the High Court found that:

  1. although the motorcycles produced by MForce Bike had similarities with the Honda EX5 motorcycle design, MForce Bike had established that it did not copy the Honda EX5 design as MForce Bike had followed a design used by its principal in Vietnam to produce its motorcycle.
  2. As there was no infringement by MForce’s principal of the Honda EX5 design in Vietnam, MForce Bike, in producing its motorcycles based on its Vietnam principal’s design, cannot be considered to have infringed the Honda EX5 copyright in Malaysia.

Both the Plaintiff and Defendants have filed appeals to the Court of Appeal, albeit on different issues. It is expected that the substantive appeal would be heard in the later part of 2017.

iRadar Sdn Bhd v Nuctech Company Limited and Tsinghua University

We acted for Nuctech Company Limited and Tsinghua University (“Nuctech Parties”) in an action commenced by iRadar Sdn Bhd (“iRadar”) in the Kuala Lumpur High Court, seeking an order to invalidate Malaysian Patent No. MY-142862-A belonging to the Nuctech Parties. The Nuctech Parties applied to strike out iRadar’s action on the basis that it is not an aggrieved person under Section 56 of the Patents Act 1983 and that the challenge to the validity of the subject patent was res judicata. On 13 June 2016, the High Court delivered its decision in favour of Nuctech/Tsinghua University, allowing Nuctech/Tsinghua University’s application to strike out iRadar’s suit intended to invalidate the patent owned by Nuctech/Tsinghua University. The High Court came to this decision based on 2 grounds:

  1. as iRadar was a supplier of some, and not all, of the components that would have made up the elements of the patent owned by Nuctech/Tsinghua University, iRadar lacked the necessary ingredients to come within the concept of an “aggrieved person” in order to have the standing to maintain the suit;
  2. iRadar was a supplier of some of the component parts to Pan Asiatic Technologies (PAT). PAT had in a previous suit failed to invalidate the patent owned by Nuctech/Tsinghua University.

Accordingly, iRadar, being a sub-contractor of PAT, was considered to be barred by the doctrine of res judicata from raising issues which had been unsuccessfully raised by PAT in a previous suit. iRadar appealed against the High Court decision to the Court of Appeal. The Court of Appeal has dismissed the appeal and the High Court decision stands.

Dart Industries Inc. & Tupperware Brands Malaysia Sdn Bhd v Genesis Plastic Industries (M) Sdn Bhd & Genetech Supplies

We acted for Dart Industries Inc. (“Dart”) & Tupperware Brands Malaysia Sdn Bhd (“Tupperware Malaysia”) in three (3) separate claims against Genesis Plastic Industries (M) Sdn Bhd (manufacturers) and Genetech Supplies (traders) for infringement of Dart’s registered industrial designs in inter alia container covers, lids, seals, mugs. These registered designs include those relating to the Tupperware Crystalwave and Cozy Nest series. The Plaintiffs filed an application to strike out the Defendants’ defence and the Court allowed the application and entered judgment against the Defendants.

The Plaintiff obtained inter alia declarations that the Defendants had infringed the Plaintiffs’ registered industrial designs, injunctions against the Defendants, as well as an account of the Defendants’ profits from their infringing products. Committal proceedings were later initiated against the directors of the First Defendant company on the basis that subsequent to the orders being issued inter alia prohibiting infringing products being manufactured, an act of infringement was found to have occurred. Contempt was found against the respondents in October 2015 which resulted in the Defendants revealing a list of customers to whom the infringing products were supplied.

2016

CORPORATE DIVISION

Acquisition by Reach Energy

Skrine acted for Reach Energy Berhad, a special purpose acquisition company listed on the Main Market of Bursa Malaysia (SPAC) in its acquisition of 60% shareholding in a Dutch company, Palaeontol BV, which owns the entire interest in Emir-Oil Fields in Kazakhstan for US$154.9 million. The team from Skrine was led by Partner, Datin Faizah Jamaludin along with Fariz Abdul Aziz, Partner

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Miitsui Invests US101 million in Columbia Asia

Skrine assisted Mitsui & Co Ltd as Malaysian Counsel through Herbert Smith Freehills it its investment of US$101 million in Columbia Asia. Columbia Asia is a heathcare provider which operates 27 hospitals and one clinic in India, Malaysia, Vietnam and Indonesia. The team from Skrine was led by Partner, Quay Chew Soon along with Addy Herg, Senior Associate.

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CBRE Aquires 49% in WTW Group

Skrine acted for CBRE entered into an agreement to acquire 49% of shares in the WTW Group (i.e. CH Williams, Talhar & Wong Sdn Bhd, WTW Real Estate Sdn Bhd and WTW Property Services Sdn Bhd). Linked is the news report on the CBRE-WTW transacton for your reference. The team from Skrine was led by Partner, Datin Faizah Jamaludin along with Syaida Abd Majid, Senior Associate and Tan Shi Wen, Senior Associate.

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Joint Venture between UEM Land and SUTL Marina

Skrine acted for UEM Land Berhad in the joint venture between UEM Land Bhd (a member of UEM Sunrise Berhad Group) and SUTL Marina Holdings Pte Ltd of Singapore to undertake various development projects that involve an estimated development costs of approximately RM198 million in Puteri Harbour, Johor.The team from Skrine was led by Senior Partner, Theresa Chong along with Oon Hooi Lin, Partner, Sheba Gumis, Senior Associate.

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Lundin Disposes FPSO Vessel

Skrine acted for Lundin Petroleum AB of Sweden in an agreement to sell an FPSO vessel to M3nergy Investment Ltd, a subsidiary of a Malaysian listco, M3nergy Berhad, for US$265 million. The team from Skrine was led by Partner, Datin Faizah Jamaludin along with Tan Shi Wen, Senior Associate.

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2015

CORPORATE DIVISION

Alstom acquires GE's Malaysian Rail Transport Business

Skrine, through Hogan Lovells, recently assisted Alstom in the Malaysian aspect of Alstom’s worldwide purchase of GE’s railway transport-related business (i.e. level crossing sub-systems, electronic interlockings and train detection products) from General Electric (‘GE’). The transaction comprised two components – (1) Alstom’s purchase of GE’s worldwide railway transport-related business; and (2) GE’s purchase of Alstom’s power generation business. The transactions were significant and interesting in that they (a) resulted in Alstom focusing solely on railway transportation-related business while ending GE’s involvement in that business; and (b) expanded GE’s power generation business substantially and will henceforth result in the bulk of its earnings being derived from industrial business units instead of financial services viz. GE Capital. The team from Skrine was led by Senior Partner, Theresa Chong along with Sheba Gumis, Senior Associate.

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PNB acquires 49% of Rahim & Co.

Skrine recently acted for PNB in its acquisition of 49% stakeholding in Rahim & Co, a leading real estate consultancy firm in Malaysia.The team from Skrine was led by Partner, Cheng Kee Check along with Nor Suhaila Abdul Latif, Partner, Lee Ai Hsian, Senior Associate, Sim Miow Yean, Senior Associate.

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Islamic Syndicated Financing - E&O secures RM1.08bil banking facilities for its Seri Tanjung Phase 2 reclamation project

Tanjung Pinang Development Sdn Bhd ( a subsidiary of Eastern & Oriental Bhd) has signed a RM1.084 billion Islamic syndicated facility agreement with Maybank Islamic Bank Bhd and RHB Islamic Bank Bhd. The facility is to be used to part-finance the reclamation and infrastructure works of the Seri Tanjung Pinang Phase 2 (STP2) project in Penang. The team from Skrine was led by Partner, Dato' Philip Chan along with Nor Suhaila Abdul Latif, Partner, Lee Ai Hsian, Senior Associate, Sim Miow Yean, Senior Associate.

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Sale of 1MDB Power Assets

Skrine was the Malaysian Counsel to CGN, with Herbert Smith being the international counsel for China's General Nuclear Power Corp (CGN) in the acquisition of 1MDB'spower assets for RM9.83 billion.It is reported that the transaction is the largest M&A deal in Malaysia, and one of the largest in the Asian power sector for 2015.The team from Skrine was led by Partner, Datin Faizah Jamaludin along with Dato’ Philip Chan, Partner, Lee Shih, Partner, Adzim Amir Hamzah, Senior Associate, Fariz Abdul Aziz, Senior Associate, Sim Miow Yean, Senior Associate, Sheba Gumis, Senior Associate, Tan Shi Wen, Senior Associate.

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DISPUTE RESOLUTION DIVISION

COURT OF APPEAL
CIVIL APPEAL NO. W-04(IM)(NCC)-379-12/2014
BEST RE (L) LIMITED ("Best Re") v. ACE JERNEH INSURANCE BERHAD ("ACE")

Court of Appeal holds that the General Incorporation of Arbitration Clauses In Reinsurance Contract is Effective.

On 29 June 2015, in deciding a novel question of law, the Court of Appeal held that an arbitration clause was effectively incorporated by a general reference to a separate, attached contract.

This decision steps away from the strict approach applied by the English Court requiring specific reference to the clause for effective incorporation. This further brings Malaysia into consonance with other UNCITRAL Model Law compliant nations including the Hong Kong and Singaporean courts which have previously held that incorporation is effective with a general reference.

Counsel from SKRINE representing the appellant were Partners Lim Chee Wee and Loo Peh Fern, assisted in the background by Khoo Wen Shan, Associate.

INTELLECTUAL PROPERTY DIVISION

Local agent or licensee cannot claim ownership rights over registered trade mark

We acted for Wieland Electric GmbH in an action commenced at the High Court for the cancellation of Trade Mark No. 05016795 in the name of Industrial Automation (M) Sdn Bhd in Class 9. The main ground for cancellation was that Industrial Automation (M) Sdn Bhd was an agent or licensee of Wieland Electric GmbH, and cannot claim to be entitled to the trade mark registration in Malaysia. On 27th November 2013, the High Court decided in favour of Wieland Electric GmbH.

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Nothing escapes the eye of the relevant consumer

We acted for F & N Dairies (M) Sdn Bhd (“F & N Dairies”) in resisting a claim of industrial design infringement for the design of a bottle that the claimants, Tropicana Products Inc. (Tropicana Products) claimed was novel. Tropicana Products sought to apply for leave to the Federal Court to appeal against the decision of the Court of Appeal reversing a finding of infringement against F&N Dairies. The Federal Court dismissed Tropicana’s application.

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2014

CORPORATE DIVISION

Joint venture to develop Elastomer Plant at RAPID
Corporate Partner, Faizah Jamaludin and Corporate Senior Associate, Fariz Abd Aziz acted for Versalis S.p.A., a subsidiary for ENI, which entered into a joint-venture with PETRONAS Refinery and Petrochemical Corporation Sdn. Bhd, a subsidiary of PETRONAS for the development, construction and operation of the elastomers plants in Pengerang, Southern Johor, Malaysia. 

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Corporate Partner, Faizah Jamaludin together with Corporate Senior Associate, Fariz Abd Aziz represented GDF Suez E&P International SA in its negotiations and entry into a Production Sharing Contract with PETRONAS for the exploration and development of deep water exploration Block 2F in offshore Sarawak as part of a consortium comprising JX Nippon Oil & Gas Exploration and PETRONAS Carigali Sdn Bhd. GDF SUEZ holds 20% participating interest in the PSC. 

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Newfield International Holding Inc -SapuraKencana
Skrine’s Corporate Partner, Faizah Jamaludin, and the Dispute Resolution Partners, Siva Kumar Kanagasabai and Lee Shih, together with Corporate Senior Associate, Fariz Abdul Aziz, represented Newfield International Holding Inc (“Newfield”) where SapuraKencana Petroleum Bhd won the rights to buy Newfield’s Malaysian oil and gas assets for RM2.85 billion. 

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DISPUTE RESOLUTION DIVISION

Huda @ Najwa Binti Ikhwan v Bursa Malaysia Securities Berhad

 

On 20 August 2014, the Court of Appeal comprising Justices Hishamudin Yunus, Zawawi Salleh and Umi Kalthum Majid dismissed the appeal and upheld the High Court's dismissal of the Appellant's application for judicial review against Bursa Malaysia's Appeals Committee.

Before Bursa Malaysia's Market Participants Committee, the Appellant was found to have been involved in churning/rollover activities and substantial cross trades which had the effect of creating false/misleading appearance of active trading in/market for certain securities. A public reprimand, a fine of RM100,000.00 and an order for striking off the register as a Registered Person were made against the Appellant. This was upheld by the Appeals Committee. Before the High Court, the Appellant failed in her application for judicial review and the Court of Appeal upheld this decision.

Counsel from Skrine who represented Bursa Malaysia in the High Court and the Court of Appeal was Lee Shih, assisted by Nimalan Devaraja.

Tengku Dato' Kamal Ibni Sultan Sir Abu Bakar & 3 Ors v Bursa Malaysia Securities Berhad

On 16 August 2012, the Court of Appeal comprising Justices Ramly Ali, Zaharah Ibrahim and Aziah Ali upheld the decision of the High Court in relation to Bursa's resort to section 360 of the Capital Markets and Services Act 2007 ("CMSA") to enforce penalties imposed by its regulatory committees on defaulting market participants. The Appellants in the matter were former directors of Cepatwawasan Group Berhad and had been found by Bursa's regulatory committees to have breached Bursa's Listing Requirements. Counsel from Skrine who represented Bursa was Lim Chee Wee, assisted by Lee Shih and Ong Doen Xian.

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Lee Yoke Yam v Chin Keat Seng

On 28 November 2012, the Federal Court unanimously ruled in a landmark decision that statements contained in a first information report under Section 107 of the Criminal Procedure Code are protected by absolute privilege. The Federal Court arrived at this decision based on public policy considerations. Accordingly, the defendant was not liable for alleged defamatory statements contained in a first information report.

Counsel from Skrine who represented the defendant were Oommen Koshy and Kwan Will Sen.

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2013

CORPORATE DIVISION

FCW-IJM
Corporate Partners, Dato' Philip Chan and Kok Chee Kheong together with associate Sim Miow Yean represented FCW Holdings Bhd in a joint venture with IJM Land Bhd for the development of pieces of land in Kuala Lumpur.

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Eastern & Oriental Berhad - Mitsui Fudoson Residential Co Ltd
Partner Dato' Philip Chan, with senior associate, Too Ji Voon and associate, Sim Miow Yean represented Eastern & Oriental Berhad in a joint venture with Mitsui Fudoson Residential Co Ltd to develop The Mews Serviced Residences at Jalan Yap Kwan Seng in Kuala Lumpur.

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EPF - QSR
Corporate Partner Janet Looi, with associates Fariz Aziz and Melvyn Seah, represented the Employees Provident Fund (EPF) in connection with acquisition by Massive Equity Sdn Bhd of the businesses of KFC Holdings (M) Bhd (KFCH) and QSR Brands Bhd (QSR). Massive Equity was a special purpose vehicle set up to privatize KFCH and QSR.

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Friends Life - AMAB Holdings
SKRINE Consultant Chen Kah Leng and Corporate partner, Liang Cheng Jean represented Friends Life FPL Limited in a disposal of its 30% shareholding in Amlife Insurance Berhad and AmFamily Takaful to AMAB Holdings Sdn Bhd, a wholly owned subsidiary of AMMB Holdings Berhad.

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RHP (Mukah) - Petronas
Corporate and Oil and Gas Partner Faizah Jamaludin, assisted by associate Fariz Aziz, represented RHP (Mukah) Pte Ltd, a wholly - owned subsidiary of RH Petrogas Ltd, one of the largest upstream exploration and production companies listed on the Singapore Exchange, in an onshore PSC with Petronas for Block SK331 onshore Sarawak.

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2012

CORPORATE DIVISION

BP-Reliance
Corporate Partners, Faizah Jamaludin and Janet Looi, assisted by associates Adzim Amir Hamzah, Syaida Majid and Melvyn Seah, represented BP PLC in the disposal of its purified terephthalic acid production plant in Malaysia to India's Reliance Global Holdings Pte Ltd.

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AIA-ING Malaysia

SKRINE, led by Corporate partner Janet Looi, and assisted by associates Fariz Aziz and Melvyn Seah, acted as Malaysian counsel for Allen & Overy representing ING on a sale of its Malaysian insurance business to the AIA Group Ltd.

The report on AIA's acquisition of the Malaysian insurance business of ING Group can be found here.

SKRINE, led by Oil & Gas Partner, Faizah Jamaludin, represented Australia's Roc Oil Company Limited (ROC) in the Small Field Risk Service Contract (SFRSC) entered into by Malaysia's national oil company, PETRONAS, on 16 August 2011 with a contractor group comprising Roc Oil Malaysia (Holdings) Sdn. Bhd, Dialog D & P Sdn. Bhd. and PETRONAS Carigali Sdn. Bhd. for the pre-development and development of the Balai Cluster fields, offshore Sarawak. The Balai Cluster SFRSC is the second contract to be awarded under PETRONAS' new petroleum arrangement for the development and production of marginal hydrocarbon reserves in Malaysia.

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DISPUTE RESOLUTION DIVISION

Irham Niaga Sdn Bhd & Irham Niaga Logistics Sdn Bhd v Tenaga Nasional Berhad
On 20 September 2012, the Kuala Lumpur High Court allowed Irham Niaga Sdn Bhd's and Irham Niaga Logistics Sdn Bhd's ("collectively referred to as Irham Niaga") suit against Tenaga Nasional Berhad (TNB) after a full trial.

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China Steel Corp
Dispute Resolution Partner, Lim Koon Huan, assisted by associate Jason Teoh, represented Jiangsu Shagang and Jiangsu Yonggang in an anti-dumping preliminary decision in which MITI held that the clients were not subject to any anti-dumping duty. The firm also represented China Steel Corp on whom a 5.56% duty was imposed (the lowest rate for the parties on whom anti-dumping duty was imposed).

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Sime Darby Futures Trading
SKRINE, led by DR partner Claudia Cheah and associate Nur Syafinaz Vani represented Sime Darby Futures Trading Sdn Bhd in a claim against an oil trading company for breach of contract involving the sale and purchase of Refined Bleached Deodorized Palm Oil ('RBDPO'). On 12 October 2012, the High Court after full trial allowed the claim of Sime Darby Futures Trading Sdn Bhd in the sum of RM3.27 million, interest and cost of RM50,000.

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Tan Sri Dato' Hj Lamin Hj Mohd Yusuf v Bursa Malaysia Securities Berhad
SKRINE, led by DR Head Leong Wai Hong as counsel with associate Kwan Will Sen successfully resisted the directors' applications for leave to appeal to the Federal Court on 16 July 2012.

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Sumatec Engineering and Construction Sdn Bhd v. Malaysian Refining Company Sdn Bhd
The Federal Court, in a landmark decision, conclusively ruled that "unconscionability" is a distinct ground to restrain a call on a performance bond or bank guarantee. This case resolves the conflicting decisions in the Court of Appeal.

 

Sediabena Sdn Bhd v Qimonda Malaysia Sdn Bhd
SKRINE, led by DR Head Leong Wai Hong as Counsel with partners Ashok Ranai and Lam Wai Loon and assisted by associate Tan Lai Yee successfully resisted the employer, Qimonda's leave to appeal application to the Federal Court on 31 October 2011 following the decision of the Court of Appeal on behalf of the contractor, Sediabena.

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SKRINE, led by DR partner Lim Koon Huan assisted by associate Jason Teoh, represented five Japanese mills, JFE Steel Corporation, Nippon Steel Corporation, Sumitomo Metal Industries Limited, Kobe Steel Limited and Nisshin Steel Co. Limited as well as the Japanese Chamber of Trade & Industry, Malaysia, in the first hearing of its kind under the Safeguards Act 2006. American firm, Sidley Austin LLP, led by Richard Weiner, were also appointed as Counsel for the five mills. SKRINE was the only Malaysian firm involved in this matter.

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INTELLECTUAL PROPERTY DIVISION

Copyright (Licensing Body) Regulations 2012
The Regulations set out the procedure in relation to the new requirement under the Copyright (Amendment) Act 2012 for an organisation to be declared as a licensing body for copyright owners or for a specified class of copyright owners.

As Sections 27AA and 27H of the Act provide that Sections 27B to 27G and Sections 27I to 27L are only applicable to licences granted/licensing schemes operated by licensing bodies, it appears that an organisation which is not declared to be a licensing body will not have any power to grant licenses on behalf of the copyright owners.

To access the regulations, please click >> HERE

 

The Copyright (Voluntary Notification) Regulations 2012
The voluntary notification scheme under the new sections 26A to 26C which were introduced by the Copyright (Amendment) Act 2012, is a ground-breaking development in copyright law in Malaysia.

To access the regulations, please click >> HERE

 

Lockheed Martin v Raytheon

On 4 September 2012, The Federal Court of Malaysia denied Lockheed Martin Corporation's application for leave to determine the question of "whether a mark if perceived to be generic in its country of origin, could be registered in Malaysia".

 

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2011

CORPORATE DIVISION

Skrine represented the vendor, the shareholders of MTM Multimedia,  in the proposed acquisition by Proto Corp, a Japanese listed corporation  for an amount of RM109.67 million. Corporate Partner, Cheng Kee Check led the SKRINE team.

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SKRINE represented LeGrand France SA, the purchaser, in the proposed disposal by United U-Li Corp Bhd of the shares of 3 of its subsidiaries for RM200 million. Corporate Partner, Janet Looi led the SKRINE team.

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SKRINE represented Puncak Oil & Gas Sdn Bhd, a wholly-owned subsidiary of Puncak Niaga Holdings Berhad (a Main Market listed company) which entered into agreements to acquire 40% of the issued capital in Global Offshore (Malaysia) Sdn. Bhd. and KGL Ltd. from Global International Vessels Ltd., a subsidiary of Global Industries, Ltd. (a NASDAQ listed company). Corporate partner, Faizah Jamaludin, led the SKRINE team.

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The Government of Brunei signed a consultancy contract with SKRINE in Bandar Sri Begawan on Thursday, 5th May 2011 for the drafting of the Brunei National Standards Act.

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Faizah Jamaludin, SKRINE's Competition Practice Group Head, was interviewed by the STAR Business on 23 April 2011 on the Competition Act 2010 and the Price Control and Anti-Profiteering Act 2010.

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Updated Guidelines on Corporate Governance for Licensed Islamic Banks issued by Bank Negara Malaysia on March 2011.

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Contaminated Land Management Guidelines issued by the Department of Environment on 15 March 2011.

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DISPUTE RESOLUTION DIVISION

Partners, Leong Wai Hong, Ashok Kumar and Lam Wai Loon &  Associate, Tan Lai Yee represented the respondent/contractor in The Court of Appeal which upheld the decision of  the High Court in the case of Sediabena Sdn Bhd v Qimonda Malaysia Sdn Bhd.

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Dispute Resolution Partner, Lim Chee Wee and Associate, Ruth Garnet Maran successfully represented Bursa Malaysia in the Court of Appeal on 29 April 2011. The decision is significant in that it was held by the Judges of the Court of Appeal that the courts should be slow to interfere with the decisions of capital markets regulators on matters of listing as unreasonable intervention in such decisions would lead to uncertainties in the market.

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Can A Receiver and Manager be sued by an Unsecured Creditor For Fraud?
SKRINE partner, Mr. Leong Wai Hong succeeded in the Court of Appeal in a decision which has a far reaching effect in preventing the floodgates of suits against receivers and managers in general.

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INTELLECTUAL PROPERTY DIVISION

The Deputy Minister of Information, Communication and Culture has indicated that the Personal Data Protection Act will be enforced in early-2012.

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Personal Data Protection Act 2010
A summary of salient provisions. Received Royal Assent on 2nd June 2010. Will come into operation on a date appointed by the Minister by notification in the Gazette [section 1(2)].

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The Trade Marks Regulations 2011 have come into effect on 15 February 2011.

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The Patents Amendments Regulations 2011 have come into effect on 15 February 2011.

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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
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