Expertise - Cecil Abraham & Partners

Cecil Abraham & Partners’ broad dispute resolution experience and the depth of our talent means that clients bring some of their most challenging and critical issues to us.

Whether you are a corporation, a government agency, an organisation or a private individual, we are focused on protecting your interests both domestically and abroad.

The firm advises and represents clients including multinationals, small- and medium-sized enterprises, financial institutions, investment funds, not-for-profit organisations, charities, public sector entities, regulatory authorities, government agencies, States and a host of international organisations.

Areas of Practice

Antitrust and Competition
Arbitration (Commercial, Construction & Investment Treaty)
Capital Markets and Securities Disputes
Civil Claims – contracts, torts including defamation and media; privacy; breach of confidence
Clubs & Unincorporated Associations
Commercial Law

Construction and Infrastructure
Energy and Telecommunications
Insurance and Banking
Land and General Property
Public and Administrative Law
Probate and Administration Law
White-collar Crime, Blue-collar Crime and Corporate Governance

Talents by Expertise

Notable Reported Cases

2021

Catajaya Sdn Bhd v Shoppoint Sdn Bhd [2021] 2 MLJ 374, which addresses the applicable principles and requirements for seeking to terminating a contract in Malaysia.
Yong Tshu Khin & Anor v Dahan Cipta Sdn Bhd & Anor and Other Appeals [2021] 1 MLJ 47, which addresses the applicable test in relation to applications for review under Rule 137 of the Rules of the Federal Court 1995 as well as the application of the de-facto doctrine in Malaysia generally.

2020

The Speaker of Dewan Undangan Negeri Sarawak, “Datuk Amar Mohamad Asfia Awang Nassar” v Ting Tiong Choon & Ors and other appeals [2020] 2 AMR 313, which addresses the constitutional law issues pertaining to the jurisdiction and powers of a State Legislative Assembly generally. This decision is also significant as it deals with the question of whether an individual with foreign citizenship (albeit, subsequently renounced) can thereafter stand for election in Malaysia given that Malaysia does not recognise dual citizenship.
Ireka Engineering & Construction Sdn Bhd v PWC Corporation Sdn Bhd [2020] 1 CLJ 193, which addresses the conflict in law in Malaysia in confirming that the Construction Industry Payment and Adjudication Act 2012 is to have prospective effect.
Wong Yee Boon v Gainvest Builders Sdn Bhd [2020] 2 CLJ 727, which discusses in part the validity and enforceability of introducer agreements within the meaning of Section 24 of the Contracts Act 1950.

2019

Arch Reinsurance Ltd v Akay Holdings Ltd [2019] 1 CLJ 305 which sets out the applicable test for seeking a stay of proceedings pending reference to arbitration pursuant to Section 10 of the Arbitration Act 2005.
Kamil Azman Bin Abdul Razak & Ors v Amanah Raya Bhd & Ors [2019] 4 MLJ 726 which sets out the applicable test relating to setting-aside of consent orders.

2018

Far East Holdings Bhd & Anor v Majlis Ugama Islam dan Adat Resam Melayu Pahang and other appeals [2018] 1 MLJ 1 which sets out the applicable test for challenging an arbitration award pursuant to the Section 42 of the Arbitration Act 2005 (prior to its amendment).
Dr Harikrishnan & Anor v Megat Noor Ishak Bin Megat Ibrahaim & Another Appeal [2018] 3 MLJ 281 which addresses the law relating to the application of the doctrine of non-delegable duty of care and notion of vicarious liability in the context of medical negligence claims in Malaysia.
Letchuman Chettiar Alagappan (as Executor to SL Alameloo Achi (Deceased)) & Anor v Secure Plantation Sdn Bhd [2017] 5 CLJ 418 sets out the present test in relation to fraud and forgery in Malaysia.
Zulhasnimar Hasan Basri & Anor v Dr Kuppu Velamani P & Ors [2017] 1 LNS 1057 discusses the distinction in respect of the duty of care imposed on medical practitioners in Malaysia in respect of the diagnosis and treatment of a patient on the one hand and the duty to advise of risks of treatment on the other hand.
Dream Property Sdn Bhd v Atlas Housing Sdn Bhd [2015] 2 MLJ 441 is the leading case in Malaysia relating to the law of restitution, unjust enrichment and termination of agreements.
Leisure Farm Corp Sdn Bhd v Kabushiki Kaisha Ngu & Ors [2015] 4 MLJ 543 sets out the present law on civil procedure and appeals relating to the scope of a notice of cross appeal.
Gurbachan Singh v Vellasamy s/o Ponnusamy [2015] 1MLJ 773 is a decision of the Federal Court in Malaysia pertaining to the law concerning the duties of advocates and solicitors, dispute over estate land and the lifting of the corporate veil.
AV Asia Sdn Bhd v Measat Broadcast Network System Sdn Bhd [2014] 3 MLJ 61 is the leading decision in Malaysia concerning the law relating to the granting of injunctive relief in aid of arbitration.
State Government of Kelantan v Petroliam Nasional Berhad [2014] 6 MLJ 31 is a decision of the Malaysian Federal Court in a dispute between the national oil corporation, a constituent State of Malaysia and the Federal Government on when it is suitable for a case to be decided on issues of law, without a trial, and the extent of discovery in such cases.
CIMB Bank Bhd v Maybank Trustees Bhd and other appeals [2014] 3 MLJ 169 is a landmark case relating to the duties and liabilities of lead arrangers, issue agents, facility agents and security trustees in the bond issuance. This case also deals with the law of dishonest assistance, fraud, misrepresentation, the effect and construction of an Information Memorandum and sophisticated investors.
Zung Zang Wood Products Sdn Bhd v Ors v Kwan Chee Hang Sdn Bhd & Ors [2014] 2 MLJ 799 is a seminal decision of the Malaysian Federal Court on the law relating to equitable fraud and tort of conversion.
Terrengganu Forest Products Sdn Bhd v Cosco Container Lines Co Ltd & Anor and other applications [2011] 1 MLJ 25 is the leading decision on the applicable legal test applied by the Malaysian Federal Court when deciding whether to grant leave to appeal in civil matters.