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NEWS ALERTS & DEALS

CORPORATE DIVISION


HSBC Buys Land to Build Headquarters in TRX

Skrine recently acted for HSBC Bank Malaysia Berhad in its acquisition of a piece of land in the Tun Razak Exchange (TRX) for its future headquarters. HSBC Malaysia is investing RM1.06 billion for the acquisition of the land and building of its headquarters at the TRX’s international financial district.

The team from Skrine was led by Senior Partner, Theresa Chong and fellow Partners, Dato’ Philip Chan, Richard Khoo and Sim Miow Yean.

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EPF-MRCB JV in Bukit Jalil Project

Skrine represented the Employees Provident Fund (EPF) in taking an 80% stake in a joint venture (JV) with Malaysian Resources Corp Bhd’s subsidiary Rukun Juang Sdn Bhd (RKSB) to develop a RM20.67bil mixed development project in Bukit Jalil, Kuala Lumpur.

The76.14 acres of land to be developed comprises is to be given by the Government to RKSB as consideration for the works undertaken by RKSB in refurbishing and upgrading the facilities at the National Sports Complex in Bukit Jalil.

The team from Skrine for the transaction was led by Partner, Dato’ Philip Chan along with Sim Miow Yean, Partner and Lee Ai Hsian, Senior Associate.

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DISPUTE RESOLUTION DIVISION

Competition Commission v Competition Appeal Tribunal

Skrine is acting for Competition Commission (“MyCC”) in the first-ever judicial review of a decision made by the Competition Appeal Tribunal (“CAT”).

This case stems from a high-profile share-swap and collaboration agreement entered into in 2011 by Malaysia’s largest airlines - Malaysian Airlines System Berhad (“MAS”), AirAsia Berhad (“AirAsia”) and AirAsia X Sdn. Bhd.

In its Decision, MyCC found that MAS and AirAsia had infringed the prohibition under section 4(2)(b) of the Competition Act 2010 by entering into a collaboration agreement, the object of which was the sharing of market within the air transport sector in Malaysia.

A financial penalty of RM10,000,000.00 was imposed respectively on MAS and AirAsia. The airlines appealed the matter to the CAT. This constituted the first ever appeal heard and decided by CAT from a decision made by MyCC. The CAT reversed MyCC’s decision.

Consequently, Skrine was engaged by MyCC to file a judicial review application to the Kuala Lumpur High Court to review CAT’s decision. On 25 July 2016, MyCC successfully obtained leave to commence the judicial review proceedings.

Counsel from Skrine who represented MyCC was Dato’ Lim Chee Wee who was assisted by Ms Sharon Chong.

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INTELLECTUAL PROPERTY DIVISION


Honda Giken Kabushiki Kaisha v Malaysian Formula Bikes Sdn Bhd & MForce Bike Holdings Sdn Bhd

We acted for Malaysian Formula Bikes Sdn Bhd & MForce Bike Holdings Sdn Bhd, the Defendants in this action. The Plainitff, Honda Giken Kabushiki Kaisha brought a claim for copyright infringement of the 2-dimensional and 3-dimensional representations of its EX5 motorcycle against the Defendants. The Defendants challenged the subsistence of copyright in the 2-D and 3-D representations of the EX5 and the trial on the issue of subsistence of copyright was tried together with another suit involving a different company also accused of copyright infringement. On 24 November 2016, the High Court dismissed the suit brought by Honda against MForce Bike. The suit was filed by Honda against MForce Bike claiming infringement of copyright in the Honda EX5 motorcycle design. In coming to its decision, the High Court found that:

  • although the motorcycles produced by MForce Bike had similarities with the Honda EX5 motorcycle design, MForce Bike had established that it did not copy the Honda EX5 design as MForce Bike had followed a design used by its principal in Vietnam to produce its motorcycle.
  • As there was no infringement by MForce’s principal of the Honda EX5 design in Vietnam, MForce Bike, in producing its motorcycles based on its Vietnam principal’s design, cannot be considered to have infringed the Honda EX5 copyright in Malaysia.

Both the Plaintiff and Defendants have filed appeals to the Court of Appeal, albeit on different issues. It is expected that the substantive appeal would be heard in the later part of 2017.

EVENTS

3Cs Conference: Are You Compliant? Corporate Compliance, (Anti)-Corruption & Competition, 2 Mar 2017

Skrine organised a 3Cs Conference on the 2nd of March 2017 at the InterContinental Hotel, Kuala Lumpur. The one-day conference attended by many of Skrine’s Partners and over 150 of the firm’s clients discussed compliance coverage including updates on Anti- Corruption, Money Laundering Laws, Competition and the Companies Act 2016 that has recently come into force.

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The Art of Winning Cross-Border Disputes – Masterclass From Leading Practitioners of Malaysia and the UK, 12th January 2017

Skrine organised a talk hosted by our Dato’ Lim Chee Wee who was joined by Tan Sri Abdul Ghani Patail, Former Attorney-General of Malaysia and Mr. Toby Landau QC of Essex Court Chambers, London.

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SSM NATIONAL INSOLVENCY CONFERENCE, 11 OCTOBER 2016

On 11 October 2016, our dispute resolution partner, Lee Shih, spoke at the inaugural SSM National Insolvency Conference 2016.

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ACCOLADES & AWARDS

Skrine Retains Who’s Who Legal Accolade for Malaysia

On 15th May 2017, the Who’s Who Global Awards was held in London, United Kingdom and Skrine was conferred the Award:

Malaysia Law Firm of the Year 2017

Skrine previously received this Award in 2013, 2014, 2015 and 2016.

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SKRINE clinches top honours at ALB Malaysia Malaysia Law Awards 2017

On 6th April 2017, the Asian Legal Business Malaysia Law Awards was held and SKRINE was named

Malaysia Law Firm of the Year 2017

SKRINE also bagged 5 other awards

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Asialaw Profiles 2017

The Asialaw Profiles has ranked Skrine as Outstanding Firm and particularly highlighting the following practice areas:

Outstanding Firm

  • Competition & Antitrust
  • Corporate/M&A
  • Dispute Resolution
  • Energy & Natural Resources
  • Intellectual Property
  • IT, Telco & Media
  • Project & Infrastructure

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PDPA NOTICE

English | Bahasa Malaysia

" I have been pondering on why Providence has been so kind to Skrine & Co. up to date, and how this firm founded by a polo-playing Anglican Englishman, a bridge-playing Presbyterian Scotsman, a piano-playing Roman Catholic Irishman, a north country beer connoisseur Englishman (religion unknown) and an Ipoh Chinese Methodist managed to cohere as well as it did and to attract a string of Asian partners, and to keep and then expand its clientele."
- John Skrine (1922-1993)