Cecil Abraham And Partners > Kuala Lumpur, Malaysia > Firm Profile

International Capabilities

International Associations 

The firm actively participates in the activities of the International Bar Association (IBA), the Inter-pacific Bar Association (IPBA), the International Association of Defence Counsel (IADC) and the International Council for Commercial Arbitration (ICCA) 

 To this end, Dato’ Sunil Abraham is a member of the Legal Practice Division Council, having been the former Co-chair of the Asia Pacific Regional Forum of the IBA. Tan Sri Dato’ Cecil Abraham and Rishwant Singh are active members of the IPBA. In this regard, Tan Sri Dato’ Cecil Abraham is a past President of the IPBA.  Dato’ Sunil Abraham is also a member of the IADC which is an invitation only organisation for defence counsel. Tan Sri Dato’ Cecil Abraham is a past member of the ICCA Governing Council and is presently an Advisory Board member of ICCA.  

 Recent Accolades 

In 2019, Tan Sri Dato’ Cecil Abraham was recognised by Benchmark Litigation at its award ceremony in Hong Kong as the Dispute Resolution Practitioner of the Year for Malaysia. In addition, Cecil Abraham & Partners was named as Dispute Resolution Firm of Year for Malaysia and won the award for Dispute Resolution Case of Year 2019 at the same ceremony.  

 In 2020, Tan Sri Dato’ Cecil Abraham was recognised by Asian Legal Business as Dispute Resolution Lawyer of the Year for Malaysia whilst Cecil Abraham & Partners was recognised as Dispute Resolution Boutique Firm of the Year.  

Client Testimonials

CLIENT: Andrew Arnold, General Counsel
COMPANY/FIRM: Lynas Corporation Limited
TESTIMONIAL: Lynas Corporation Limited is an ASX 200 company and the world’s second largest manufacturer of separated rare earth products. Lynas has engaged Tan Sri Dato Cecil Abraham and Dato Sunil Abraham on dispute resolution matters since 2012.  We have found both Tan Sri Cecil and Dato Sunil to be excellent dispute resolution lawyers. In particular, we value their legal expertise in areas including administrative law, commercial law, and dispute resolution. They also have excellent advocacy skills, and their advice is always practical and timely. Lynas regards Tan Sri Dato Cecil Abraham and Dato Sunil Abraham as our preferred dispute resolution specialists in the Asia Pacific region.

CLIENT: Dato’ S. Satharuban, Managing Partner
COMPANY/FIRM: Messrs Satha & Co
TESTIMONIAL:Tan Sri Dato’ Cecil Abraham is one of the foremost advocates of his generation, if not one of the finest Malaysia has produced. He is a force of nature and has tremendous instincts developed from years of experience. He remains the go-to-name on big complex cases. His ability to deliver results under pressure is unrivalled. Rishwant Singh is persuasive advocate who is not afraid to take on tough lines of argument. He is a formidable advocate. Dato’ Sunil Abraham is superb all-round. Excellent on paper and in court. Calm, intelligent and strategic, he is a pleasure to work with. Aniz Ahmad Amirudin has a broad and excellent skill set which he brings to bear in providing a high quality service particularly in construction disputes. He has superb analytical skills and good presentation skills with lay clients.

Cecil Abraham & Partners as a whole is at the forefront in dealing with complex commercial disputes be it before the court or in arbitrations. A true heavyweight firm. The firm has a great reputation, is user friendly and goes the extra mile in facilitating our requests as instructing solicitors and that of the lay clients wherever possible. Very much the go-to firm for complex disputes when the stakes are high.

CLIENT: Rohan Ashwin Sankey, General Counsel
COMPANY/FIRM: MRCB George Kent Sdn Bhd
TESTIMONIAL:Tan Sri Dato’ Cecil Abraham is without a doubt, the leading name in Malaysia for dispute resolution of all forms. Not only hugely respected and regarded domestically, he also has an exceptional international practice. In particular, a very experienced practitioner in the field of international arbitration. His depth and breadth of knowledge of the law is second to none, and this provides the client with great confidence in being clear about their particular case.  He has tremendous gravitas as an advocate and instantly commands the respect of the Court or tribunal. His practice is highly recommended.

Dato’ Sunil Abraham is an excellent lawyer, technically very sound. Has a very good range and depth of experience across all forms of dispute resolution. Well known and regarded both domestically and internationally. Extremely hard working and incredibly responsive to the client. Consistently goes the extra mile with dedication. He is extremely sharp and this is reflected in his excellent drafting skills. An excellent litigator who conducts himself well across the different dispute resolution forums. Clients can be fully assured of an excellent service from start to finish from a very good lawyer.

Aniz Ahmad Amirudin is extremely bright, has an excellent working knowledge of the law and is one of the most commercially-minded lawyers we have engaged. Good experience and knowledge across a range of commercial and civil matters. Very sensible, sound and exercise practical judgment. He is a pleasure to work with. Clear on which issues that matter and which don’t, with an eye on the client outcome at all times. Quick to pick up the key issues and never loses sight of them even though faced with voluminous documents in the large cases that he works on. Always well-prepared, a quick-witted and persuasive advocate. Highly recommended.

CLIENT: Martin Chen, Head of Legal
COMPANY/FIRM: Mtrustee Berhad and Hektar Asset Management Sdn Bhd
TESTIMONIAL: Tan Sri Dato’ Cecil Abraham, is devastatingly effective in dealing with commercial disputes before the courts. He is very much the doyen of the legal profession in Malaysia. The standout litigator in Malaysia by far. Rishwant Singh has a strong reputation and is extremely eloquent in advancing arguments in court. Dato’ Sunil Abraham is sharp, intelligent and meticulous in his work as well as being a strong advocate. Aniz Ahmad Amirudin provides sound and practical advice to his clients. He is highly persuasive in his arguments, approachable and easy to work with.

Cecil Abraham & Partners has a great reputation, has the highest standards of work ethics and professionalism and this provides the client with great confidence in being clear minded about their particular case. Definitely the go-to firm for civil and commercial disputes as well as construction related arbitration disputes. Outstanding especially when the stakes are high.

CLIENT: Delithra Mohan, Head of Legal
COMPANY/FIRM: Evolution Wellness Holdings
TESTIMONIAL: Evolution Wellness Holdings is the Singapore based holding company for numerous fitness and wellness brands spanning 6 Asian jurisdictions, in particular Fitness First, Celebrity Fitness, C.H.I. Fitness, Fivelements Spa and Retreats, GO FIT, and Fire Fitness. Our Malaysian subsidiaries rely and seek the counsel of Rishwant Singh for varied reasons.

Through the years, we have been spared embroilment in legal suits, however as acquisitions increase, we were faced with one in recent times. As the company is owned by overseas based private equity firms, we sought to utilize the services of Rishwant Singh to represent us. Having put through the name of Cecil Abraham & Partners to our overseas owners, I was pleased to receive prompt acceptance in choice with acknowledgment that the firm is held in high regard for its strong advisory and dispute resolution work.

We have sought out Rishwant Singh in matters ranging from tenancy disputes, company law to consumer law matters. He displays strong knowledge in all recent case law and is able to always immediately advise on matters. We are a large organization with a c91,000 membership base in Malaysia, Rishwant displays keen understanding in legal matters affecting the business including reputational damage. His advice whilst displaying strong business acumen, strategic foresight and understanding of legal technicalities, is always presented in the most simplistic manner.

Opinions are well researched and the burden of disputes faced is removed with honest, uncomplicated advice and action. With sound counsel from Cecil Abraham & Partners, I am empowered to effectively carry out functions without burden. The wealth of knowledge is without comparison and I would strongly recommend Rishwant Singh.

CLIENT: Hodge Malek QC
COMPANY/FIRM: 3 Verulam Buildings
TESTIMONIAL:Tan Sri Dato’ Cecil Abraham is without doubt the best advocate in Malaysia in civil cases. I have seen him argue cases in court both at the High Court and the appellate levels. It is not just a question of how clearly and persuasively he argues cases, but the sheer effort and dedication he puts into every hearing. He always knows his brief backwards and is ready to deal with every eventuality and question in court. He has a strong court room presence. When he argues a case the judges listen.

He is a door tenant at my chambers at 3VB and is highly regarded by my colleagues. He is well known for international arbitration and acts both as an arbitrator and counsel in arbitrations even where they have no connection with Malaysia. This reflects his international standing.

I have known Dato’ Sunil Abraham for around a decade and seen him grown into a fine and strong advocate. He is fearless and will take on any difficult case. He is also very calm and measured in his approach. He is good with clients and they can be confident in his ability. He covers a wide range of commercial work ranging from commercial litigation to construction and judicial review disputes. He has a great deal of experience in arbitration.

I have worked closely with Aniz Ahmad Amirudin for the last two years in an international fraud case involving a large sum of money stolen from a bank in Malaysia. Aniz put the case together and managed for get Norwich Pharmacal and disclosure orders which enabled the proceeds of the fraud to be traced. He is good at disclosure and tracing of assets. He is very good with clients and is always available to deal with issues raised by clients. His technical legal knowledge is good and his written submissions for the court are to a very high standard.

Cecil Abraham & Partners is made up of a very experienced and dedicated team of commercial litigators. I doubt that any other firm in Malaysia has such depth of talent and focus. I have worked with the firm and its lawyers for some years now and they have never failed to deliver in terms of content or timing. The firm does a lot of international work and not merely work in Malaysia for international clients, but they also work on cases outside Malaysia, both in court cases but more frequently in international arbitration.

As can be seen below from my comments on three lawyers at the firm, the firm has depth so that if necessary two or more very experienced advocates can work on a case and cover for each other when necessary.
I am a QC practising at 3VB in London and whenever I have clients with a case in Malaysia, I invariably recommend the firm.

Notable Cases

Kolonel Dr Faiz Azraai bin Abdul Aziz v Mahkamah Tentera Divisyen Keempat Infantri Malaysia [2023] 4 MLJ 78 (“Kolonel Dr Faiz”)

This article analyses the judgment of the Federal Court delivered in Kolonel Dr Faiz Azraai bin Abdul Aziz v Mahkamah Tentera Divisyen Keempat Infantri Malaysia [2023] 4 MLJ 78 (“Kolonel Dr Faiz”) on 16 May 2023. This article is also an written update to our initial article entitled “What’s the meaning of “desertion” under Section 54(1)(a) of the Armed Forces Act 1972?”, as the judgment of the Federal Court has only recently become available.

Enforcement of Foreign Judgments in Malaysia Under the Reciprocal Enforcement of Judgments Act 1958 (REJA): Pembinaan SPK Sdn Bhd v Conaire Engineering Sdn Bhd- Llc & Anor; Bina Puri Holdings Bhd v Conaire Engineering Sdn Bhd-LLC

On the 23rd of February 2023, the Federal Court of Malaysia handed down judgment in Pembinaan SPK Sdn Bhd v Conaire Engineering Sdn Bhd-LLC & Anor and another appeal, clarifying the evidentiary requirements relating to the enforcement of foreign judgments by way of a common law action where the foreign country in question is not listed in the First Schedule of the Reciprocal Enforcement of Foreign Judgments Act 1958.

This article seeks to examine the strict requirements that are to be adhered to by parties in seeking to enforce a foreign judgment by way of a common law action in Malaysia.

Enforcement of ICSID Awards in Malaysia: Elizabeth Regina Maria Gabrielle von Pezold and Others v Republic of Zimbabwe

Although Malaysia has been named as a respondent in four investment treaty claims, no ICSID Awards have so far been enforced against the Government of Malaysia, bearing in mind that Malaysia has no history of expropriation or nationalisation. Notwithstanding the fact that the High Court in von Pezold recognised an ICSID Award rendered against a foreign government, the decision raises the question of how an Award creditor would go about enforcement proceedings against the Government of Malaysia if an ICSID Award were to be rendered against it.

In this article, we explore the first ever decision involving the enforcement of an ICSID award in Malaysia: Elizabeth Regina Maria Gabrielle von Pezold and others v Republic of Zimbabwe.

Malaysia Arbitration Guide 2023

The island of Penang was founded in 1786. Penang subsequently became part of the Straits Settlements comprising Penang, Malacca and Singapore. In 1874, the British entered into treaty arrangements with the Sultans of the Malay States, and British protection was extended to the whole of Malaya and the British legal system was introduced to Malaya. The Arbitration Ordinance XIII of 1809 of the Straits Settlements was Malaysia’s first piece of arbitration legislation. This Ordinance was then replaced in Penang and Malacca by The Arbitration Ordinance 1890. In 1950, the Arbitration Ordinance 1950 replaced the 1890 Arbitration Ordinance for all the States of the then Federation of Malaya. The 1950 Ordinance was based on the English Arbitration Act of 1889. British North Borneo and Sarawak adopted the English Arbitration Act of 1952 as their respective Ordinance in 1952. In 1963, North Borneo and Sarawak joined the Federation of Malaysia. On 1 November 1972, Malaysia adopted the arbitration laws

What Is the Meaning of “Desertion” Under Section 54(1)(a) of the Armed Forces Act 1972?

In this article we discuss a novel issue in respect of the interpretation and meaning to be given to the term “desertion” under Section 54(1)(a) of the Armed Forces Act 1972.

We make disclosure that Tan Sri Dato’ Cecil Abraham, Rishwant Singh and Jules Khor Weizhen of Messrs Cecil Abraham & Partners appeared as counsel for Colonel Dr Faiz Bin Abdul Aziz before the Federal Court of Malaysia in successfully appealing against the decision handed by way of a court martial convened by the Malaysian Armed Forces in convicting him of desertion and dishonourably discharging him.