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


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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.

Sharon was recently appointed as member of the Ad-hoc Arbitration Panel of the 29th SEA Games Kuala Lumpur 2017 (19-30 August 2017). This is the first Ad-hoc Arbitration Panel in the history of SEA Games in line with Article 42 of the SEAGF Charter and Rules, amended in June 2015.

  Further Details  

Areas of Practice

Administrative, Arbitration & Alternative Dispute Resolution, Aviation, Commercial Disputes, Commodity Disputes, Companies Winding-Up, Competition, Corporate & Commercial, Insolvency, International Arbitration, Shareholders’ Disputes, Sports Law.

Professional Affiliations

  • Appointed as member of the Ad-hoc Arbitration Panel of the 29th SEA Games Kuala Lumpur 2017 (19-30 August 2017).
  • 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.
  • Diploma in International Arbitration (CIArb)
  • KLRCA Certificate Programme in Sports Arbitration

  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.
  • Advising a Malaysian oil and gas company in a KLRCA arbitration involving helicopter charter services.
  • Advising and acting for a foreign client in an ICC arbitration seated in Singapore involving service agreements.
  • Acted for a reinsurer in various international arbitrations under the auspices of the Thai Arbitration Institute on coverage issues in claims resulting from environmental disasters in Thailand in 2011.
  • 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]

Aviation

  • Acted successfully for a subsidiary of a global investment and advisory financial services firm in the first ever case of repossession of an aircraft Airbus 330-200 pursuant to remedies under the Cape Town Convention in Malaysia. [GAFS-P Labuan Limited v Eaglexpress Air Charter Sdn Bhd Originating Summons No. WA-24NCC-240-06/2016]
  • Acting for Malaysia Airports Holding Berhad in matters involving abandoned aircrafts at its airports.
  • Advising a reinsurer on matters relating to aviation reinsurance policy.
  • Acting for a Malaysian oil and gas company in a KLRCA arbitration involving helicopter charter services.
  • Acting for a subsidiary of a public listed company in Malaysia in a matter involving a helicopter crash and fatalities in Malaysia.
  • Advised the world's largest aircraft leasing company in its remedies under the Cape Town Convention.
  • Advised various companies in relation to the Malaysian Airline System Berhad (Administration) Act 2015.

Corporate & Commercial Litigation and Other 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.
  • Acting as co-counsel for the Malaysia Competition Commission (MyCC) in a judicial review case against the Competition Appeal Tribunal (CAT) to reinstate the RM10 million fines against Malaysia Airlines and AirAsia for violation of the Competition Act 2010.
  • Acted successfully as co-counsel for the Malaysia Competition Commission (MyCC) against MyEG before the Competition Appeal Tribunal (CAT).
  • Acting for Securities Commission in various regulatory matters, including insider trading.
  • Acted as co-counsel for the Energy Commission of Malaysia in a judicial review filed by Tenaga Nasional Berhad.
  • 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 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.]
  • 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]
  • 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.
  • Acted successfully for 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.

 Presentations/Publications  

 

Delivered the following presentations/talks:

  • Presented a paper at the Regional Arbitral Institutes Forum Conference held on 25 November 2016 in Sydney, Australia on “Navigating the Minefields of Corporate Disputes: To litigate or arbitrate”.
  • Participated as a panel speaker in the ICC Young Arbitrators Forum Asia Chapter Regional Conference held on 14 October 2016 in Seoul, Korea. Spoke in the session “Recent developments in the Arbitration Regime in Asia”.
  • Regularly presents on topics relating to International Commercial Arbitration at training courses organised by the Bar Council’s Continuing Professional Development Department.
  • Participated as a panel speaker in the Insolvency Conference 2016 – The Companies Bill 2015: A New Horizon for Insolvency organised by the Malaysian Institute of Accountants, Insolvency Practitioners Association of Malaysia and CPA.
  • 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:

  • Contributed to the recently published Malaysian Civil Procedure 2018.
  • Co-authored the chapter on “Corporate Dispute Resolution” in the practitioner’s guide “Arbitration in Malaysia: A Practical Guide” recently launched on 25 November 2016.
  • 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

IFLR 1000 2019 Rankings

alb-mla-2018-winner

IFLR 1000 2019 has ranked Skrine as a Tier 1 firm in four practice areas. In addition, eight of our lawyers were listed among the leading lawyers.

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Asialaw Profiles 2019 Rankings

Asialaw-Profiles-Outstanding-Firm-2019

Asialaw Profiles 2019 has ranked Skrine as an ‘Outstanding’ firm in seven industry and practice areas. In addition, 10 of our lawyers were listed among the leading lawyers.

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Benchmark Litigation Asia-Pacific 2018

alb-mla-2018-winner

We are pleased to announce that our firm is recognised as a Top Tier Firm in the inaugural Benchmark Litigation Asia-Pacific 2018. Some of our partners were also listed in the rankings.

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