Gan Partnership > Kuala Lumpur, Malaysia > Firm Profile

Notable cases

Arbitration

• Acting for the Asian International Arbitration Centre including the first reported constitutional challenge on statutory adjudication
• Acting before the apex court in a challenge against an arbitration award concerning novel constitutional and jurisdictional issues
• Acting before the apex court to set aside of a multimillion-dollar arbitration award involving key questions on Arbitration Act 2005
• Acting in the apex court on significant legal points concerning limitation periods in arbitration.

Litigation and Risk Management

• Acting in multiple actions arising from the complex disputes between directors and shareholders of a company operating in the nature of a quasi-partnership
• Acting in an action arising from a deadlock in a family-run company which tested the new company law regime
• Acting for the largest telco in Malaysia in a sophisticated dispute covering laws on domain names, trademark infringement, passing off, breach of contract, fraud and inducement.
• Acted for a foreign company and obtained an order in the first Malaysia case in respect of parallel import of goods produced by the same company for different regions

Construction, Infrastructure and Projects

• Acted in the Federal Court and Court of Appeal in a dispute involving the interplay between insolvency laws and a direct payment provision of the Construction Industry Payment and Adjudication Act 2012 (CIPAA), resulting in a landmark decision in the construction dispute resolution industry
• Acted in the oft-cited landmark decision of the apex court on jurisdictional issues concerning CIPAA
• Acting in a series of disputes arising from a bridge collapse in Malaysia involving leading engineering experts from Europe and Asia
• Acted in a state commission inquiry for a highly publicised hill slope failure

Employment, Benefits and Incentives & Industrial Relations

• Involved in an appeal leading to a significant decision relating to the computation of benefits in an unlawful dismissal action
• Advising on the employee’s code of conduct in light of the newly enforced corporate corruption liability
• Acting for local and foreign employer-companies in a board range of employment and industrial relations disputes and advisory

Insurance

• Advised Insurers and Reinsurers on a wide range of issues relating to insurance policy, claims, and disputes.
• Advising and acting for Insurers and Reinsurers in a RM 125 million Machinery Breakdown/Loss of Profit claim arising from an aluminium smelter incident.
• Acting for Insurers in a reinsurance claim over RM 22 million involving fraudulent cheque payment by a bank.

Intellectual Property

• Represented the world’s largest technology company and third-largest mobile phone manufacturer in a global trademark dispute against the largest Swiss Watch group
• Represented an American 20+ time Grammy Award winning artist on image rights
• Represented the world’s largest restaurant chain (revenue) in various trademark and advertising disputes
• Advised an oil & gas multinational corporation on a technology dispute pertaining to undersea scanning/diagnostics technology
• Advised a multinational luxury goods conglomerate on media and advertising law
• Advised one of the largest European mobile network operators on a dispute pertaining to wrongful use of telecommunications equipment and services
• Represented an American global aerospace and advanced technologies company in a global dispute pertaining to laser guided weaponry
• Advised a foreign Embassy on protection of trademarks denoting origin
• Advised an American multinational IT company in a technology joint venture agreement with a Malaysian company involving provision of tech services
• Represented a German premium automobile brand against counterfeit goods in Malaysia
• Represented the largest Malaysian automobile-maker in a trade mark infringement and copyright dispute
• Represented Malaysia’s largest oil & gas company in a breach of confidential information and copyright claim
• Represented the largest Government-linked Malaysian telecommunications company in the largest trade mark infringement action in its history, against an American manufacturer of telecommunications hardware
• Drafted a software agreement for big accounting firms