tan-shi-wen-new Tan Shi Wen

Senior Associate, Corporate Division
SKRINE 


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 864
Fax: 603 - 2094 3211
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Overview

Tan Shi Wen was admitted to practice as an Advocate and Solicitor of the High Court of Malaya in February 2011 and joined Skrine as an Associate in the Corporate Division. Shi Wen is a Barrister of the Lincoln’s Inn, London and holds an LL.M in International Commercial Law from the College of Law, London and a Postgraduate Diploma in EU Competition Law from the King’s College, London.

Further Details

Areas of Practice

Merger & Acquisitions, Oil & Gas, Foreign Investments, Joint Ventures, Shipping, Ship Financing, Licensing, Competition Law, Healthcare.

Qualifications

  • Advocate & Solicitor, High Court of Malaya
  • LL.M in International Commercial Law, London College of Law
  • Postgraduate Diploma in EU Competition Law, King’s College London
  • Bar Vocational Course, Lincoln’s Inn
  • Bachelor of Laws, University of Manchester

Experience

Corporate

  • Leading the Project Agate due diligence team and assisting USG in drafting, reviewing and commenting on the transaction documents for its proposed joint venture with Boral.
  • Leading and carrying out due diligence on ITG Oil and Gas Sdn Bhd (“ITG”) and assisting CIMC in drafting, reviewing and commenting on the transaction documents for its proposed acquisition of ITG.
  • Leading and carrying out due diligence on Global Offshore Malaysia Sdn Bhd (“GOM”) and KGL Ltd (“KGL”) and assisting client in drafting, reviewing and commenting on the transaction documents for its proposed acquisition of GOM and KGL.
  • Assisting in drafting of the legal documents for “Tanjong Piai II”.
  • Assisting in the Project Pearl due diligence.
  • Assisting in the Project Boston due diligence.
  • Assisting in the Project Carbanet due diligence.
  • Advising Water Standard on the laws relating to incorporation of Water Standard Projects Sdn Bhd and in the drafting of incorporation documents such as the shareholders’ agreements, memorandum and articles of association.
  • Advising TGS on the laws relating to incorporation of TGS Malaysia Sdn Bhd and assisting and advising in its proposed multi-year oil service contract over a Malaysian oil field.
  • Advising ROC Oil on the laws relating to incorporation of a Malaysian entity and in the drafting of incorporation documents such as the memorandum and articles of association.
  • Advising Boral on the relevant laws and licensing requirements relating to its proposed Malaysian Employee Equity Incentive Plan.
  • Advising UGL Limited on the relevant laws and licensing requirements relating to its proposed Employee Share Option Plan.
  • Assisting and advising an international entertainment company in its negotiations with Khazanah and SJIC for Project Juggernaut.
  • Advising Hereema on the requirements for the incorporation of a legal entity in Malaysia.
  • Assisting Dusable in advising, reviewing and commenting on the proposed project structure and legal issues such as the regulatory regime, foreign ownership, use of Labuan company, preference shares etc.
  • Assisting BP in reviewing its proposed online prize draws/ promotion structure to ensure consistency and enforceability from a Malaysian law perspective.
  • Advising Sodexo, TGS and Foster Wheeler on the setting-up of the Malaysian operations and PETRONAS licensing and assisting in the drafting of agreements and/ or documents with the nominee shareholders.
  • Assisting United Overseas Bank Limited in issuing a legal opinion on the enforceability of a corporate guarantee by a public listed company in Malaysia to the Bank.
  • Assisting DBS Bank in issuing a legal opinion on the enforceability of a personal guarantee.
  • Assisting Servier in reviewing and commenting on the non-disclosure agreements with its customers.
  • Seconded to Talisman Malaysia in order to provide legal service.

Competition Law

  • Assisting the Malaysia Shipowners Association, the Shipping Association of Malaysia and the Federation of Malaysia Port Operators Council in making an application to the Malaysian Competition Commission (the “MyCC”) for a block exemption under the Competition Act 2010.
  • Assisting Life Insurance Association Malaysia in making an application to the Malaysian Competition Commission for a block exemption under the Competition Act 2010.
  • Assisting Malaysian Takaful Association in making an application to the Malaysian Competition Commission for a block exemption under the Competition Act 2010.
  • Assisting a Swiss company in Malaysian in drafting, compiling documents and/or information and submitting to the MyCC for a leniency application under the Competition Act 2010.
  • Assisting and advising the liner shipping operators and the Malaysian ship trade associations, who are acting as intervening parties, in preparing and drafting submissions to the High Court in Sabah at Kota Kinabalu in response to an application for judicial review.
  • Conducting legal audit for companies and trade associations (for example HSBC and C&CA) in relation to the Malaysian competition law and assisting in ascertaining company's degree of compliance and recommend areas and action to be taken.
  • Conducting a study for Tenaga Malaysia Berhad on the possible effects of the Malaysian competition policy on the Malaysian electricity supply industry.
  • Advising BMW Malaysia on the impact of the Competition Act 2010 on its dealership agreement.
  • Advising BMW in its proposed incentives/ rebates structure to its customers.
  • Advising BMW on its Import and Supply Agreement for BMW Motorcycles.
  • Advising BMW on the competition law aspects of the BMW GO Project.
  • Advising Coca-Cola on the possible impact of the Competition Act 2010 on its bottling plant in Malaysia and assisting them in the formation and carrying out of a competition law compliance programme.
  • Advising SCA Hygiene on the competition law aspects of its business practices in Malaysia.
  • Assisting in reviewing, structuring and adapting ING’s global competition policies, compliance procedures and “dawn raid” protocols for purposes of compliance with the Malaysian competition law as well as advising on how to handle investigations conducted by competition regulators, reviewing potential anti-competitive agreements and practice and advising them on the implications of such agreements.
  • Advising Tan Chong Motor on a range of competition law issues including advising on the implications of tendering and joint ventures.
  • Assisting Khazanah in reviewing and issuing a legal opinion on the Astro-Maxis tie-up.
  • Advising Servier in reviewing and issuing a legal opinion relating to a complaint made against Servier for involving in an alleged anti-competitive practice.
  • Assisting ICS Depot in reviewing and commenting on the complaints sent to MyCC over the raising of the depot gate charges in Penang.
  • Assisting HSBC in reviewing its bancassurance agreement and advising on the potential competition concerns.
  • Assisting UAG in reviewing its bancassurance agreement with UOB and advising on the potential competition concerns.
  • Advising Euronet in their proposed acquisition of IME (M) Sdn Bhd and related entities.
  • Assisting Novartis in reviewing its Technology Licensing agreement and advising on the potential competition concerns.
  • Advising MSD on competition issues relating to Zuellig’s resale price to its customers.
  • Advising Spirit AeroSystems Malaysia on the non-poaching agreement with its competitors.
  • Assisting clients (including ING, Aspen, Great Eastern, BP, Mitsubishi) in reviewing, structuring and adapting clients’ global competition policies, drafting and establishing internal competition law policies, compliance procedures and “dawn raid” protocols for purposes of compliance with the Malaysian competition law.
  • Advising Malaysia Airports Holdings Berhad on the competition aspects of the imposition of the agreement between Malaysia Airports (Sepang) Sdn Bhd and SITA Information Networking Computing B.V concerning the common use services at KLIA 2 on airlines.
  • Advising Malaysia Airports Holdings Berhad on the competition aspects of the exclusive appointment of a Malaysian incorporated company for the development of the long term car park.
  • Advising ASDA and Burger King on the impact of the Competition Act 2010 on its franchising agreements.
  • Advising GAP on the impact of the Competition Act 2010 on its operational model.
  • Advising Telekom Malaysia on the proposed collaborative procurement activities between the members of the ACASIA Communications Sdn Bhd.
  • Advising PDB on the proposed KAFS throughput fee revision.
  • Advising Genting on the possible implication of the CA 2010 for its business in Malaysia.
  • Advising an international airline on its Joint Venture Agreement with other airlines.
  • Advising Lend Lease on the competition aspects of the Shareholders’ Agreement between 1MDB and Lend Lease for the development of TRX Exchange.
  • Advising Suzuki on the competition aspects of the Licence Agreement with its licensees.
  • Advising Ingenico on the competition aspects of the Distributorship Agreement between Ingenico and its partners in Malaysia.
  • Advising client on the proposed collaboration between Stenta Films and PT Argha.
  • Advising JPMorgan Malaysia on its alleged collusion with other banks to rig/fix/ manipulate the USD-MYR exchange rate.
  • Advising a local newspaper regarding its concern on the Circulation Reporting Standards of the Audit Bureau of Circulation.
  • Advising client on the Letter of Award issued to a Malaysian incorporated company by MCMC.

Shipping/Ship Financing

  • Advising, negotiating and drafting legal documentations for DBS Bank on ship financing and asset-based financing and mortgage registration of SK PROACTIVE.
  • Advising, negotiating and drafting legal documentations for AmBank on ship financing and asset-based financing and mortgage registration of “NC703”.
  • Advising, negotiating and drafting legal documentations for DBS Bank on ship financing and asset-based financing and mortgage registration of SK Line 4, SK Line 9, SK Line 10, SK Line 11, SK Line 12, SK Line 800, SK Line 800, SK Line 801 and SK Line 803.
  • Advising, negotiating and drafting legal documentations for HSBC Bank on ship financing and asset-based financing and mortgage registration of a Tug and a Barge.
  • Advising, drafting and amending relevant legal documentation for MayBank on its ship financing for Inai Kiara.
  • Advising, negotiating and drafting legal documentations for HSBC Amanah on ship financing and asset-based financing and mortgage registration of “Perdana Sovereign”.
  • Advising, reviewing and drafting Malaysian security documents for the financing of the Tanjong Baram Project.

Publications

Authored the following:

  • “Dangling the Carrot?”, Legal insights 1/2014 (March) issue
  • Competition Law Part, the Mergers & Acquisitions Review 2014, 8th Edition, Malaysia
  • Co-Author, Malaysia, GCR - The Handbook of Competition Enforcement Agencies 2014
  • Presenter – BMW Competition Law Training 15 and 17 June 2016
  • Presenter – Mitsubishi Competition Law Training 15 December 2015
  • Presenter – Huhtamaki Competition Law Compliance Training 18 June 2015
  • Presenter – BP Global Competition Law Training 24 October 2012
  • Presenter – Olympus Competition Law Training 3 August 2012

 
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

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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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