Experience

INTERNATIONAL TRADE  SEE MORESEE LESS

Safeguards Investigation
• Acted for a Malaysian exporter (together with a Belgian law firm) in the EU Safeguard Investigation on Steel and Aluminium.
• Acted for a foreign trade association in resisting the petition for safeguards duties in the Malaysian Safeguards Investigation on Rebar Imports.
• Acted for a domestic trade association and a foreign trade association in resisting the petition for safeguards duties in the Malaysian Safeguards Investigation on Steel Wire Rods Imports.
• Acted for a consortium of Japanese steel mills and a trade association in the Malaysian Safeguards Investigation on Hot Rolled Plates Imports.
• Acted for a consortium of Japanese steel mills and a trade association in the first Malaysian Safeguards Investigation on Hot Rolled Coil Imports.
• Acted for a domestic trade association and several foreign exporters in opposing the Petitioner’s application for judicial review in the Malaysian High Court with respect to the Malaysian Safeguards Investigation on Hot Rolled Coil Imports.
• Acted for domestic and foreign trade association in resisting the petition for safeguard duties in the Malaysian Safeguard Investigation on Ceramic Floor and Wall Tiles Imports.

Anti-Subsidy Investigations
• Acted for Malaysian exporters in the Indian Anti-Subsidy Investigation on Aluminium Wire/Wire Rods.
• Acted for a Malaysian exporter in the Indian Anti-Subsidy Investigation on Aluminium Ingots.
• Acted for a Malaysian exporter in the USA Anti-Subsidy Investigation on Wind Turbines.

Anti-Dumping Investigation
• Acted for a Malaysian exporter in the Australian Anti-Dumping Investigation on Zinc Coated (Galvanised) Steel.
• Acted for a Malaysian exporter in the Turkish Anti-Dumping Investigation on Synthetic and Artificial Staple Yarn Imports.
• Acted as advisor and coordinator for a US door-skin manufacturer with production facilities in Malaysia in the Indian Anti-Dumping Investigation on Bonded Wood/Fibre Board Imports.
• Advised a foreign importer/distributor of building materials subject to EU Anti-Dumping duties.
• Acted for a Chinese exporter in the Malaysian Anti-Dumping Investigation on Stranded Steel Wires for Prestressing Concrete Imports.
• Acted for Korean and Vietnamese exporters in the Malaysian Anti-Dumping Investigation on Flat Rolled Non-Alloy Steel Plated or Coated with Aluminium and Zinc Imports.
• Acted for 4 foreign exporters from Korea, China and Vietnam in the Malaysian Anti-Dumping Investigation on Cold Rolled Coil Imports.
• Acted for a Vietnamese foreign exporter in the Malaysian Anti-Dumping Investigation on Pre-Painted/Painted/Colour Coated Steel Coils Imports.
• Acted for a group of importers and a foreign exporter in the Malaysian Anti-Dumping Investigation on Cold Rolled Stainless Steel Imports.
• Acted for a Chinese exporter in the Malaysian Anti-Dumping Investigation on PET Imports.
• Acted for Korean and Chinese steel companies in the Malaysian Anti-Dumping Investigation on Hot Rolled Coil Imports.
• Acted for a consortium of Chinese steel mills in the Malaysian Anti-Dumping Investigation on Rebar Imports.
• Acted for a consortium of Chinese and Taiwanese exporters and a trade association in the Malaysian Anti-Dumping Investigation on Steel Wire Rod Imports.
• Acted for a Taiwanese exporter in the Malaysian Anti-Dumping Investigation on Hot Rolled Coil Imports.
• Acted for a consortium of Chinese steel mills in the Malaysian Anti-Dumping Administrative Review Investigation on Steel Wire Rod Imports.
• Acted for a Vietnamese exporter in the Malaysian Anti-Dumping Investigation on Biaxially Oriented Polypropylene Film Imports.
• Advised a Chinese client undergoing a due diligence exercise for an IPO in Hong Kong on the rules and regulations of Malaysia regarding anti-dumping duties, tariffs, and quota system for manufacturing and exporting products from China to Malaysia

Judicial Review
• Acted for a domestic trade association and several foreign exporters in opposing the Petitionerʼs application for judicial review in the Malaysian High Court with respect to the Malaysian Safeguards Investigation on Hot Rolled Coil Imports.
• Acted for a domestic trade association in a judicial review application in the Malaysian High Court with respect to the Malaysian Safeguards Investigation on Steel Wire Rods Imports.
• Acted for 2 exporters in 2 judicial review applications in the Malaysian High Court with respect to the Malaysian Anti-Dumping Investigation on Galvanized Iron Imports.
• Acted for an exporter in a judicial review application in the Malaysian High Court with respect to the Malaysian Anti-Dumping Investigation on Rebar Imports.
• Acted for 2 exporters in 2 judicial review applications in the Malaysian High Court with respect to the Malaysian Anti-Dumping Investigation on Cold Rolled Steel Coils Imports.

CIVIL LITIGATION  SEE MORESEE LESS

• Conducted full trials in the Malaysian Sessions Court and High Court.
• Appeared as counsel or co-counsel in the Malaysian Court of Appeal and Federal Court.
• Counsel in a civil suit arising from an allegedly fraudulent RM8 million land transaction in the Malaysian High Court, Court of Appeal and Federal Court where we succeeded in defending our client.
• Counsel in a Section 176 Petition and an application for a Restraining Order on behalf of a public listed company for its restructuring scheme.
• Co-counsel in the recovery of a RM113 million arbitration award which was made in favour of the client. Follow up recovery efforts include filing claims against the holding company of the judgment debtor under the principle of “lifting of corporate veil” to attach liability.
• Co-counsel in a defamation suit arising from the inquiry process on the Malaysian division of a foreign accountancy professional body.
• Co-counsel in the Court of Appeal case of Lim Soon Heng v Tan Beng Choo (P) [2009] MLJU 261 which involved a heavily contested family dispute where we succeeded in setting aside and varying the maintenance order on behalf of our client.
• Co-counsel in a High Court fraud case involving negotiations for variation of an injunction order.
• Assisted in various land acquisition claims for increased compensation, claims for injurious affection and severance.
• Co-Counsel in a High Court dispute where prohibitory and mareva injunctions were successfully obtained.

TAX SEE MORESEE LESS

Litigation, Audits & Investigations
• Acted for a recycling company in a judicial review to quash the Customs Department's decision to deny the claim for exceptional GST input tax due to the abolition of GST.
• Co-counsel for a subsidiary of a multinational corporation that designs and manufactures shoes, clothing and accessories in a judicial review against the Director General of Customs to claim special refund of sales tax in excess of RM2.5 million and obtained the full refund.
• Acted for a power plant company in a GST audit and successfully claimed input tax credit in excess of RM310million incurred during the construction period of the power plant.
• Acted for a jewellery maker and distributor in a GST audit on the issue of GST on importation of gold bars.
• Co-counsel for a world leading glove manufacturer and exporter in a tax recovery suit in excess of RM39 million. We successfully strategised and stalled the suit for 12 months to allow sufficient time to negotiate for settlement in the tax appeal. The matter was amicably resolved for less than a quarter of the sum claimed by the tax authority.
• Acted for a group of companies in the business of property investment and housing project development in strategising and attending to queries raised by the tax investigation team and reduced the tax exposure from more than RM10 million to RM1 million.
• Retained by a leading global digital currency exchange operating across the world to assist in negotiations and dealing with the tax authority to lift the freeze on bank accounts and resolving the tax investigation.
• Acted for a Singapore investment holding company in negotiating a full and final settlement with the tax authority for outstanding taxes spanning across 37 years. The tax authority waived all penalties and lifted a travel ban on the directors.

Advisory
• Advised a group of companies who are the registered proprietor of 2,300 acres of land in Malaysia on the potential GST exposure on the group’s various lease arrangements.
• Advised and represented a subsidiary of a global chemical and specialty materials company investing in Malaysia and successfully obtained approval for an exceptional GST input tax claim of RM12 million.
• Advised a power plant company to claim exceptional GST input tax of RM47 million incurred during the construction period of the power plant.
• Instructed by a global leading manufacturer of buses to address the various issues encountered by its Malaysian subsidiary in relation to the various schemes for suspension of GST.
• Advised one of the largest Internet companies in the world on the GST impact on the launching of its music streaming application and service and the music licensing arrangements with licensors when executing deals with various record labels in relation to music distribution rights in Malaysia.
• Advised a leading German bank in relation to matters of Malaysian sales and service tax, goods and services tax and customs duties pertaining to the storage and trading of London Metal Exchange (LME) Metal in an LME approved warehouse.
• Advised the individual shareholders of an integrated healthcare services company on the potential real property gains tax (RPGT) issues in light of their proposed restructuring plan especially on the risk of the entity being regarded as a real property company.
• Advised one of the largest petroleum refineries in Malaysia on RPGT and stamp duty issues arising from an internal organisational restructuring.
• Advised a company involved in the business of developing and operating a power generation plant and distribution of electricity and steam in a challenge on the imposition of assessment rates on power generators by the local authority and assisted in facilitating their negotiation for settlement.
• Advised one of the largest petroleum refineries in Malaysia in a challenge on the imposition of assessment rates by the local authority and assisted in facilitating their negotiation for settlement.
• Advised clients from various industries on performing assessment on the potential impact of the Trans-Pacific Partnership Agreement on their businesses.

CONSTRUCTION & ENERGY SEE MORESEE LESS

• Counsel in an arbitration involving disputes arising out of the unlawful termination of a Design and Build contract for worker’s hostel in peninsular Malaysia and Sarawak.
• Counsel in an arbitration involving disputes arising out of the construction of an annex building for an international school.
• Counsel in an arbitration involving the mechanical and electrical works for a serviced apartment project in Johor Bahru.
• Counsel in an arbitration involving disputes arising out of the development of hotel, apartment and office.
• Counsel in various arbitrations involving building superstructure and substructure works for residential and commercial properties.
• Counsel in a High Court case involving disputes arising out of the contract relating to the interior finishes works of a service apartment project in Johor Bahru.
• Counsel in a High Court case involving disputes arising out of the construction of a 5-storey building warehouse.
• Counsel in a High Court case involving disputes arising out of the construction of 280-unit apartments and 40-unit penthouse in Cameron Highland.
• Counsel in a High Court case involving disputes arising out of the building works, roadworks and drainage works for an army base.
• Counsel in a High Court case involving disputes arising out of to the suspension and termination of a contract for the supply and delivery of sanitary wares.

TECHNOLOGY, MEDIA & TELECOMMUNICATIONS SEE MORESEE LESS

Corporate & Agreements
• Drafted, reviewed, and negotiated several industry agreements with key telecommunication companies or Designated Universal Service Provider (DUSP) on Universal Service Provision (USP) sites for the provision of 2G, 3G and 4G coverage, as mandated by MCMC.
• Drafted, reviewed, and negotiated on access agreements, master licensing agreements, letters of offer etc. with Network Facilities Providers (NFP) and state-backed companies (SBC) for the provision of network facilities and telecommunication infrastructure to key mobile network operators.
• Drafted, reviewed, and negotiated several regulated and non-regulated wholesale services agreements, including projects on High Speed Broadband (HSBB) and Fiber-to-the-Home (FTTH).
• Drafted and reviewed on agreements for the survey, construction, and implementation of civil infrastructure and fiber optic cabling system.
• Worked on sale and purchase of network facilities and the ensuring novation agreement.
• Reviewed and negotiated operations and maintenance (O&M) handbooks and/or manuals for network facilities and telecommunication infrastructure.
• Drafted, reviewed, and negotiated a collaboration agreement between a mobile network operator and a multinational insurance provider for the mass offering of a mobile prepaid plan cum life insurance product, the first of its kind in Malaysia.
• Drafted, reviewed, and negotiated several agreements on IT services or SaaS.
• Reviewed, drafted, and amended terms of use, privacy notice, terms and conditions of digital products and services etc.

Regulatory & Compliance
• Advised on the various permits, fees and compound applied by local authorities and/or State agencies of the different States in respect of the construction and operation of network facilities.
• Advised on several legalisation exercises conducted by various State governments and local councils to regularise the construction and operation of network facilities.
• Worked on several MCMC, industry and/or internal initiatives, including projects and consultations on trademark and copyright infringement, illegal streaming, data protection, spamming, IMEI blocking, illegal content, URL blocking, contact tracing, IP tracing, cherished numbers, and general consumer protection.

Data Protection & Privacy
• Worked on numerous data processing agreements (DPA) that govern all aspects of processing customer data.
• Worked on implementing data protection and privacy policies (privacy by design). This entailed advising on the terms of privacy notice, incorporation in all product offerings and customer journeys, collection of customer consent, and permitted disclosures of customer data under the law.

Dispute & Litigation
• Assisted in defending a claim in excess of RM700 million for opportunity loss of a novel concept related to telecommunication services pursuant to a confidential agreement and concept paper.
• Assisted in defending a claim in excess of RM50 million and prohibitory injunction by a leading network facilities provider for tortious interference, and breach of its master licencing agreement and collaborative agreement with the state government.
• Assisted and led industry discussions in defending a multi-million Ringgit claim by a state-backed network facilities provider for breach of licensing agreement.
• Assisted in defending an action against 8 telecommunication companies to forward licence fee payments due to a state-backed network facilities provider to a third-party on claims of conspiracy to defraud.
• Assisted and advised on the legality of compound issued by local authorities with respect to low impact network facilities or equipment, deemed by local authorities as buildings/structures.

REGULATORY COMPLIANCE SEE MORESEE LESS

• Advised a foreign client on the licensing and regulatory requirements for digital banks pursuant to Part III of the Financial Services Act 2013 and the Licensing Framework for Digital Banks policy document issued by Bank Negara Malaysia.
• Advised a licensed domestic bank on protection of customer’s document and information relating to the affairs or accounts of any customer and the permitted disclosures pursuant to the Financial Services Act 2013 and Management of Customer Information and Permitted Disclosures the policy document issued by Bank Negara Malaysia.
• Advised a foreign bank on the regulatory requirements for a business transfer scheme under Part VI of the Financial Services Act 2013 and compliance with the Transfer of Business policy document issued by Bank Negara Malaysia.
• Advised a prescribed development financial institution on the regulatory requirements for the appointment of a chief executive officer and “fit and proper person” criteria pursuant to the Development Financial Institutions Act 2002 and Corporate Governance policy document issued by Bank Negara Malaysia.
• Advised a foreign client on compliance of the regulatory requirements for borrowing in Ringgit Malaysia by a resident from a non-resident pursuant to Section 214 and Schedule 14 of the Financial Services Act 2013 and the Foreign Exchange Notices (Notice 2) issued by Bank Negara Malaysia.
• Advised a licensed takaful operator on the scope of coverage of its liability insurance and the protection afforded to any board member for an offence under section 17A of the Malaysian Anti-Corruption Commission Act 2009.
• Advised a licensed life insurer on compliance with specific requirements under the Specification on Permitted Business or Activity of Licensed Person under the Financial Services Act 2013 and the Islamic Financial Services Act 2013 policy document which was issued by Bank Negara Malaysia.
• Advised a licensed general insurer on duties of directors and the duty to disclose interests in material transactions or arrangements in compliance with the Financial Services Act 2013 and the relevant policy documents issued by Bank Negara Malaysia.
• Advised on the AML/CFT Framework of one foreign country in particular on the overall compliance with recommendations prescribed by the Financial Action Task Force (FATF).