Dato’ Lim Chee Wee Partner

Contact
T +603 2081 3999 ext 825
E lcw@skrine.com
 

Overview


Chee Wee has been in practice for more than 25 years. He has a broad commercial practice, having experience in a wide variety of commercial and corporate disputes and litigation, including international arbitrations in Asia and Europe.
 
He is the former president of the Malaysian Bar (2011-2013), a former member of the National Unity Consultative Council, and a former member of the Operations Review Panel of the Malaysian Anti-Corruption Commission. He is a member of the 1MDB Task Force for the investigations, prosecution and asset recovery.
 
He primarily acts as Counsel having appeared at all tiers of the Malaysian Courts. He has more than 50 cases reported in the law reports. His portfolio focuses towards corporate and regulatory litigation such as fraud, shareholders disputes, restructuring, asset recovery and insolvency.
 
He also has an established public and administrative law practice, regularly advising and acting for the Malaysian stock exchange, Malaysian Competition Commission, Energy Commission, Securities Industry Dispute Resolution Centre and the Securities Commission Malaysia.
 
He has consistently been listed in various international legal directories as a leading legal practitioner. These directories include Chambers Asia-Pacific, Legal 500 Asia-Pacific, Who’s Who Legal, Benchmark Litigation Asia-Pacific, and asialaw Profiles.

 

Key Practice Areas

  • International Arbitration
  • Fraud and Asset Recovery
  • Commercial Litigation and Arbitration
  • Regulatory Enforcement
 

  • Secured the largest ever adjudication decision in Malaysia and the largest quantum of dispute under the KLRCA Arbitration Rules to date with the quantum exceeding RM1.1 billion for Gumusut-Kakap Semi-Floating Production System Labuan Limited (GKL), a special purpose vehicle of MISC Berhad established for the construction and subsequent leasing of a Semi-Floating Production System for use at the GKL oilfield. The issues span from, among others, non-payment of variation works under the contract, the daily lease rate of the Asset and a substantial counterclaim with regard to alleged defects.
  • Acted for Thai-Lao Lignite and Hongsa Lignite against the Government of Lao in order to uphold an arbitral award of more than USD57 million. Enforcement proceedings had already been taken in the US, the UK and in France.
  • Acting as sole arbitrator in an UNCITRAL Arbitration with seat of arbitration in Singapore involving disputes arising from a satellite service agreement with Singapore law governing the agreement.
  • Acted for a foreign client in an ICC Arbitration with seat of arbitration in Singapore involving disputes arising from shareholders and settlement agreements.
  • Acted for a foreign client in a crude oil supply dispute in an ad hoc arbitration with seat of arbitration in London and the governing law of the contract being English law.
  • Acting for a foreign client in a bitumen mix supply dispute in a SIAC Arbitration with seat of arbitration in Singapore and the governing law of the contract being English Law.

  • Acting for Toyota Tsusho Malaysia Sdn Bhd in pursuing a claim for more than RM150 million against 20 defendants for alleged fraud, and to trace the monies and assets from the alleged fraud which have moved into different jurisdictions. Successfully obtained a worldwide Mareva freezing order for millions worth of assets over different jurisdictions, an Anton Piller search order on multiple locations, and multiple Bankers Trust discovery orders against banks to aid in the tracing the movement of monies thus far. Led a team made up of global forensic experts, intelligence companies and foreign lawyers, and assisted the client in their cooperation with law enforcement agencies in multiple jurisdictions.
  • Acting for Port Klang Authority in various recovery suits in value of hundreds of millions against former employee and contractor for wrongful transactions.
  • Acted for and advised New Britain Palm Oil Ltd., one of the world’s largest producers of sustainably produced palm oil and a dual-listed company on the London Stock Exchange and the Port Moresby Stock Exchange, in a multi-jurisdictional corporate fraud investigation.
  • Acted for a leading Bank in an ongoing matter in which claims for fraud were brought against high ranking officers for losses sustained from Islamic banking transactions of up to RM760 million. Advised on all aspects of the case including possible criminal investigations.

  • Acted for a subsidiary of a major government linked company for a disputed sum of RM200 million arising from non-delivery and non-performance of an off-shore project.
  • Acted for a US-based online securities commodities brokerage firm, Interactive Brokers LLC, in a landmark case in relation to the Arbitration Act 2005 to maintain a freezing injunction in support of a foreign seat arbitration in Singapore. The assets frozen were worth more than RM200 million and were targeted against Malaysian individuals linked to the collapse of share price in three Singapore-listed companies.
  • Acted for Alaf Anggun Sdn Bhd in an arbitration against the Government of Malaysia in seeking damages and the settlement of various outstanding invoices of projects awarded by the Government of Malaysia. The amount claimed exceeded RM60 million.
  • Acting as arbitrator in a KLRCA Arbitration involving disputes arising from a PAM construction contract.
  • Advised a subsidiary of a major government linked company who was the largest Scheme Creditor in a Proposed Scheme of Arrangement involving the restructuring of over RM1.4 billion worth of debts incurred by the applicant companies. Advice included the possible grounds in opposition of the Proposed Scheme and the setting aside of the Restraining Order.
  • Acted for Mycom Berhad in its successful debt restructuring scheme through a scheme of arrangement and capital reduction in order to restructure RM700 million worth of debt.

  • Advised and acted for the Malaysian stock exchange in numerous judicial review proceedings and actions for injunctive relief filed by companies pursuant to decisions rendered by the stock exchange in the exercise of its powers of enforcement including the following:
    • Appeared before the Federal Court (our apex court) in the case of Wembley Holdings Berhad v Bursa Malaysia Securities Berhad (“Wembley”), (Federal Court Application No.: 08()-189-2008(W) which dealt with an application for an Erinford Injunction to restrain Bursa from de-listing Wembley’s securities from Bursa’s Official List. The appellate court decided in favour of the Bursa in that the court should be slow in interfering in the decisions of the Stock Exchange, in the exercise of its statutory duties as long as it exercises its duties in good faith, and in the accordance of due process.
    • Appeared before the Court of Appeal in the case of Bursa Malaysia Securities Berhad v Gan Boon Aun (Civil Appeal No. W-02-439-2008) opposing leave for Judicial Review. The Court of Appeal dealt with a novel point of law and affirmed that Bursa can proceed with and decide on the breaches of its rules and requirements independent of or concurrent with proceedings in Court on breaches by the same individual of any other written law, as long as it exercises its duties in good faith.

  • Acted for Securities Industry Dispute Resolution Center (SIDREC) in two judicial review applications filed by PM Securities Sdn Bhd, a stockbroking company which holds a Capital Markets Services Licence issued by the Securities Commission over the Decision/Award rendered by SIDREC.

  • Acted for the Energy Commission (EC) in a judicial review application from Tenaga Nasional Berhad, the largest electricity utility provider in Malaysia, regarding a directive issued by the EC to ensure the execution of a Power Purchase Agreement. This case marks the first time where the decision of the EC has been brought up for Judicial Review and is of great public interest as it affects the generation of electricity for the Country’s usage.

Qualifications
  • Advocate and Solicitor, High Court of Malaya (1993)
  • LL.B (Hons), New South Wales (1991)
Professional Affiliations
  • Former President, Malaysian Bar
  • Former Member, Chartered Institute of Arbitrators
  • Former Member, PAM Committee revising the PAM Forms 1998 Edition
  • Former Member, National Unity Consultative Council
  • Former Member, Operations Review Panel of the Malaysian Anti-Corruption Commission

Authored the following articles:
  • Co-author, Malaysian Chapter on “Directors in the Twilight Zone Project Zone III”, the third edition published and launched by INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals) at its Eight World Congress, Vancouver, Canada, June 2009.
  • Co-author, Malaysian Chapter of International Comparative Legal Guide to: Corporate Recovery and Insolvency 2007.
  • Co-author, Chapter 23 on Malaysia: “Warranties and Disclaimers, Limitation of Liability in Consumer-Related Transactions”, Kluwer Law International and International Bar Association, 2002.

  • Listed in Asia Business Law Journal 2019 as one of 'Malaysia Top 100 Lawyers - The A List'
  • Ranked in Band 1 for Dispute Resolution in Chambers Asia-Pacific 2019.
  • "a doyen of the Malaysian Bar, who provides commercial awareness", "cool, calm and collected", and "very practical, sharp and creative in proposing resolutions." - Chambers Asia-Pacific 2019
  • Listed as "Leading Lawyer" in Dispute Resolution by Legal 500 Asia Pacific 2018 - 2019
  • Listed as a "Dispute Resolution Star" in Benchmark Litigation Asia-Pacific 2018
  • Listed as “Leading Lawyer” for Dispute Resolution in asialaw Profiles 2018
  • A good reputation as an effective litigator” - The Legal 500 2018
  • Leading Lawyer” - asialaw Profiles 2017 
  • Highly effective litigator” - Legal 500 Asia-Pacific 2017
  • "An excellent lawyer" - Chambers Asia-Pacific 2016 
  • A highly regarded litigator and is tireless in pursuing the interest of his clients" - Chambers Asia 2015