Mubashir is a commercial and civil litigator with over 32 years of experience. He now mainly acts as counsel, both for trials and appeals at all tiers of Malaysian courts, in various areas of law. He also appears as counsel in arbitration proceedings.
His portfolio of dispute resolution work involves a wide variety of commercial and corporate disputes and litigation including domestic and international arbitrations. He has worked closely with clients from various jurisdictions including the United Kingdom, United States, Germany and Singapore.
He presently heads the Firm’s Aviation practice.
He is also seasoned in the areas of commercial and civil litigation disputes involving, among others, the law of fraud and asset recovery, corporate disputes, insurance and reinsurance, aviation, contract, tort (particularly defamation) and land law. Mubashir is also an active practitioner in administrative law and constitutional law.
Mubashir is a Fellow of both the Chartered Institute of Arbitrators and the Asian Institute of Alternative Dispute Resolution. He is also empanelled with the Asian International Arbitration Centre. From time to time, he is appointed as Chairman of Disciplinary Committee by the Malaysian Bar Advocates & Solicitors Disciplinary Board.
Key Practice Areas
- Administrative Law & Constitutional Law
- Commercial Litigation and Arbitration
- Civil Litigation
- Aviation Disputes
- International Arbitration
- Fraud and Asset Recovery
- Company Law and Shareholders' Disputes
- Acted as counsel against a State Government in respect of claims arising out of water concession agreements amounting to approximately RM3 billion.
- Acted as counsel in a dispute on setting aside an arbitration award made pursuant to the UNCITRAL Arbitration and KLRCA Rules.
- Advising a state government statutory body in relation to a development agreement revolving a dispute of approximately RM500 million.
- Acted as lead counsel for and advised a major government agency in a claim for a disputed sum of approximately RM52 million arising from non-performance of a contract.
- Acted for a member of a foreign royal family in relation to one of the largest fraud scandals in Malaysia, on instructions by a leading and large London firm of solicitors.
- Acted in a claim against several individuals and companies based on fraudulent trading for dissipation of assets in anticipation of judgment.
- Acting in a claim against several individuals and companies for fraudulent misrepresentations made to induce an individual to join the group of companies.
- Advised a local bank on potential fraud claims which may have involved its own officers.
- Acted as counsel for Augusta SpA, the manufacturer of A109E helicopter, upon instruction by London re-insurers’ solicitors, in the inquest on the untimely demise of Tan Sri Yahaya, his wife, Puan Sri Rohana, and the pilot, Major Azlizan, in a helicopter crash of the founder of DRB-HICOM Berhad.
- Advised a leading London firm of solicitors on certain insurance and re-insurance aspects of the missing MH370 flight.
- Acting for an international air carrier in a dispute pertaining to carriage of cargo under the Carriage by Air Act 1974.
- Acted for a local religious council in a petition to seek for a declaration that section 49 of the Administration of the Religion of Islam (Selangor) Enactment 2003 and sections 7, 8(a), 10(b), 12(c) and 13 of the Syariah Criminal Offences (State of Selangor) Enactment 1995 were invalid and void.
- Acted for a local religious council in respect of the charges brought against an individual under the Syariah Criminal Offences (Selangor) Enactment No 9 of 1995.
- Acted for a local religious council in respect of an application for leave to intervene in relation to a judicial review application against the decision of a local city council in allowing a vacant land in Kota Kemuning, Shah Alam, Selangor to be used as a Muslim burial ground.
- Acted as junior counsel for a member of the royal family in the Special Court established under article 182 of the Federal Constitution constituted for Malaysian rulers wherein the then Sultan of Pahang was sued in his personal capacity for alleged libel and for damages.
- Acted as counsel in a landlord and tenant dispute in the High Court of Malaya involving interpretation of section 28(4)(a) of the Civil Law 1956.
- Acted for a local newspaper regarding the possible confidentiality in the details of a kidnapping published in an article.
- Acted for several local newspapers in defamation suits.
- Advised a subsidiary of a large local construction company in relation to an employment dispute regarding its management.
- Advising an international body on its status as an international organisation under the International Organizations (Privileges and Immunities) Act 1992.
- Advocate and Solicitor, High Court of Malaya (1989)
- Barrister-at-Law (Middle Temple) (1988)
- LL.B (Hons) University of Essex (1987)
- Panel Member, Asian International Arbitration Centre
- Fellow, The Chartered Institute of Arbitrators
- Fellow, The Asian Institute of Alternative Dispute Resolution
- Panel Member, The Malaysian Bar Advocates & Solicitors Disciplinary Committee
- Member, Honourable Society of Middle Temple
- “The Role of In-house Legal Counsel in respect of Preparation for Documentary Evidence and Admissibility of Image Documents in Court Proceedings” held in Port Dickson to legal officers of various local universities, January 2006.
- “Admissibility of Image Documents in Court Proceedings” at the conference on “Information Management: Expect the Unexpected” held in Kuala Lumpur, September 2005.
- Tekun Nasional v Plenitude Drive (M) Sdn Bhd (and Another Appeal)  8 AMR 427
- Wisma Perkasa Sdn Bhd v Weatherford (M) Sdn Bhd & Anor  10 MLJ 758
- ZI Publications Sdn Bhd & Anor v Kerajaan Negeri Selangor (Kerajaan Malaysia & Anor, Intervener)  1 MLJ 153
- Asia Control Systems Impac (M) Sdn Bhd V PNE PCB Berhad  4 MLJ 332
- Sulaiman bin Takrib v Kerajaan Negeri Terengganu (Kerajaan Malaysia, intervener) and other applications  6 MLJ 354
- Abdul Kahar bin Ahmad v Kerajaan Negeri Selangor (Kerajaan Malaysia, intervener) & Anor  3 MLJ 617
- Majlis Agama Islam Selangor v Bong Boon Chuen & Ors  6 MLJ 488
- Tan Kah Khiam v Liew Chin Chuan & Anor  2 MLJ 445
- Ku Pon & Ors V. Pemandangan Sinar Sdn Bhd & Ors  3 CLJ 466
- Faridah Begum Bte Abdullah v Sultan Haji Ahmad Shah Al Mustain Billah Ibni Almarhum Sultan Abu Bakar Ri' Ayatuddin Al Mu' Adzam Shah  1 MLJ 617