LIM KOON HUAN Lim Koon Huan
Partner, Dispute Resolution Division
SKRINE


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 741
Fax: 603 - 2094 3211
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

   

  Overview  

Lim Koon Huan graduated from the University of Melbourne with the degrees in Commerce and LLB (Hons). She was admitted to the Malaysian Bar in 1995 and commenced her legal practice with Skrine.

She has experience in a wide range of civil litigation and arbitration work in the High Court, Court of Appeal and the Federal Court. She co-heads the Competition Practice Group and leads the Trade Remedies Practice Group.

She also advises and acts for various local and foreign banks and financial institutions, securities firms, oil & gas multinationals, construction and property development companies, professional disciplinary proceedings as well as a well known foreign professional accounting organization in relation procedures, requirements and compliance of Malaysian laws.

  Further Details  

Areas of Practice
Arbitration & Alternative Dispute Resolution, Banking & Finance, Bankruptcy/Insolvency, Competition, Contracts, Corporate & Commercial Disputes, Directors & Officers Liability, Trade & Customs, Land Acquisition,  Partnerships, Real Estate Disputes.

 


Qualifications
Advocate & Solicitor, High Court of Malaya

Bachelor of Commerce, Melbourne

LLB (Hons) Melbourne

  Experience  

Some of the matters which she has been involved in are as follows:

  • Acted for foreign exporter in anti-dumping petition of newsprints imported into Malaysia.
  • Acted both for Japanese exporters and the local association of the foreign manufacturing firms in Malaysia recent Safeguards hearing on hot rolled steel imports.
  • Acted as advisor for foreign importer/distributor of local building materials subject to EU anti-dumping duties.
  • Acted as advisor and coordinator for US door-skin manufacturer with production facility in Malaysia in a bonded wood/fibre board anti-dumping petition filed in India.
  • Counsel in an appeal in the Court of Appeal and in the Federal Court leave hearing concerning a committal order granted by High Court for the breach of a High Court order for the purchase of our client’s shares in an Section 181 oppression petition.
  • Malaysian legal adviser in a foreign accountancy professional body for its disciplinary proceedings and inquiry process on the Malaysian division.
  • Counsel in a High Court trial for non-payment of fees for engineering works under sub contract.
  • Counsel in a Section 176 Petition and an application for a Restraining Order on behalf of a public listed company for its restructuring scheme.
  • Counsel in an arbitration on losses and damages arising from a logistics support agreement/ unpaid logistics management fees. The Award for RM113 million was made on behalf 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.
  • Counsel in an arbitration on the alleged breach of a non-competition clause in a shareholder agreement.
  • Counsel in the Court of Appeal on various land acquisition claims for increased compensation, claims for injurious affection and severance.
  • Counsel in the Court of Appeal against the Penang High Court’s decision on a partnership/ family dispute.
  • Counsel in a shareholder dispute/ breach of directors’ fiduciary duties where the client sought and obtained an Anton Pillar Order and a Mareva Injunction.
  • Counsel for liquidator appointed to manage estate of deceased, to defend claims made by beneficiaries of estate of allegations of negligence, neglect and conspiracy.
  • Counsel in dispute involving financing of purchase and construction of naval patrol vessels, including settlement negotiations thereto.
  • Counsel for developer in case involving right of highway concessionaire company’s right to barricade or restrict approved road access onto highway, including dealing with issues of compensation for traffic leakages, residents’ rights of access and highway authorities’ jurisdiction.
  • Counsel in an international arbitration involving dispute of fees in catering supplies to oilfields, including dealing with competing joint ventures’ claims/rights.
  • Counsel for landowner in defending claims made by occupants of land alleging right to stay on the land purportedly under the Land (Group Settlement) Act 1960 on urban resettlement schemes.
  • Counsel for foreign public university presently in dispute with its former local corroborative partner regarding scope and effect of corroborative agreement, provisions of courses locally and enrolment & recruitment of students. 

Publications

  • Skrine Conference 2007 – Talk: Dispute Resolution.
  • Malaysian Land Law Conference – Talk on provision and nature of Land Acquisition Act.
  • Legal Insights 3/2007 – S.340 Indefeasibility: Au Meng Nam’s case.
  • Legal Insights 3/2011 - “Steel”ing the Limelight – Malaysia’s First Safeguards case.

  • World Bank, Doing Business 2007, 2008, 2009, 2010, 2011 & 2012 – Survey on Malaysia law/ position on:
    • Enforcing Contracts
    • Protecting Investors
    • Transparency

  • Herbert Smith Guide to Dispute Resolution – Malaysian Chapter on:
    • Litigation, Arbitration and Dispute Resolution (2007, 2008, 2009, 2010, 2011)
    • Guide to Anti-Corruption Regulation in Asia (2008, 2009, 2010, 2011)
    • Guide to Privilege in Asia (inaugural edition 2010, 2011)

  • World Bank Corporate Governance Study – Chapter on Malaysia.
  • 2008-2009: Member of the Focus Group on “Enforcing Contract” working with Pemudah on the proposed establishment of the New Commercial Courts of Kuala Lumpur.
  • 2012 : Member of the Focus Group on “Enforcement of Judgement” working with Pemudah to streamline efficiency of enforcement proceedings in the Malaysian court system.

  • Authored the following articles and chapters:
    • Chapter on Malaysian Issues to Lex Mundi “Corporate Governance” Project.
    • Chapter on Malaysia for Lex Mundi Antitrust, Competition and Trade Practice Group Paper on Securities Transactions.
    • Chapter on Malaysia for “Herbert Smith Guide to Dispute Resolution in Asia” & “Guide to Anti-Corruption Regulation in Asia”.
    • Articles on Malaysian Issues for PLC/ Lex Mundi Doing Business series, 2005, 2006, 2007 and 2008, 2012 Series.
  • Delivered the following presentations:
    • Contract” for New Diplomatic & Foreign Affairs Officers, National Institute Of Public Administration (“Intan”), 2003.
    • “Minority Shareholders’ Interest” together with Herbert Smith for Sime Darby Group, Malaysia, August 2004
    • “Managing Variation and Modification in the Contract” for Lexis Nexis, 2006
    • Conducted briefing and overall Malaysian Trade Remedy law application to Cambodian Government Trade Delegation in Trade Remedy Laws Implementation, June 2012.
    • Various other seminars and talks to clients on Malaysian law & legal issues of interests.

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