Sharon Chong Tze Ying Partner

Contact
T +603 2081 3999 ext 827
E sharoncty@skrine.com
 

Overview


Sharon is a dispute resolution partner and her portfolio focuses on aviation, international arbitration, commercial litigation and arbitration, company law and shareholders’ disputes.
 
She acts as an advocate in a wide array of cross-border disputes and has appeared at all tiers of the Malaysian courts and in international arbitrations in Asia and Europe (including ad-hoc arbitrations and those conducted pursuant to ICC, AIAC, SIAC and TAI Rules).
 
Her other areas of practice include regulatory enforcement, competition disputes, oil & gas disputes, and fraud and asset recovery. Sharon is experienced in a broad range of corporate and commercial disputes including shareholders’ disputes. She provides strategic input in advising corporate clients on fraud matters from the pre-dispute forensic investigation stage, to dispute resolution strategy.
 
Sharon also sits as an arbitrator and is on the panel of arbitrators of the Asian International Arbitration Centre, the Singapore International Arbitration Centre and the Malaysian Institute of Arbitrators. She is a Fellow of the Chartered Institute of Arbitrators (UK) and the Malaysian Institute of Arbitrators. She is also a member of INSOL International and a founding member and Director of the Malaysia Network of the International Women’s Insolvency & Restructuring Confederation (IWIRC).
 
Sharon was appointed as member of the Ad-Hoc Arbitration Panel for the 29th SEA Games Kuala Lumpur 2017, which was the first Ad-Hoc Arbitration Panel in the history of SEA Games, in line with Article 42 of the SEAGF Charter and Rules, amended in June 2015.

Sharon is listed as a “Future Star” in Commercial Disputes in Benchmark Litigation Asia-Pacific 2018.
 

 

Key Practice Areas

  • Aviation
  • International Arbitration
  • Regulatory Enforcement
  • Commercial Litigation and Arbitration
  • Company Law and Shareholders’ Disputes
  • Oil & Gas, and Energy Disputes
  • Fraud and Asset Recovery
 

  • Acted successfully for a subsidiary of a global investment and advisory financial services firm in the first ever case of repossession of an aircraft, Airbus 330-200 in Malaysia. [GAFS-P Labuan Limited v Eaglexpress Air Charter Sdn Bhd Originating Summons No. WA-24NCC-240-06/2016]
  • Advised a client against the largest helicopter manufacturer in the industry, in terms of revenues and turbine helicopter deliveries in a dispute involving manufacturing defaults.
  • Acting for Malaysia Airports Holding Berhad in matters involving abandoned aircrafts at its airports and on matters relating to the airports’ conditions of use and the Civil Aviation Regulations.
  • Advising Malaysian Airline Systems Berhad (Administrator Appointed) in a variety of contractual matters.
  • Acted for a Malaysian oil and gas company in an arbitration involving helicopter charter services.
  • Acting for a subsidiary of a public listed company in Malaysia in a matter involving a helicopter crash and fatalities in Malaysia.
  • Advised the world's largest independent aircraft leasing company in its remedies under the Cape Town Convention.
  • Advised a reinsurer on matters relating to aviation reinsurance policy.  

  • Acted successfully for a foreign client in an SIAC arbitration involving petroleum product quality dispute, against one of the largest integrated energy and commodity trading companies in the world.
  • Advised and acted for a Malaysian oil and gas company in a KLRCA arbitration involving helicopter charter services.
  • Advised and acted for a foreign client in an ICC arbitration seated in Singapore involving service agreements.
  • Acted for a reinsurer in various international arbitrations under the auspices of the Thai Arbitration Institute, on coverage issues in claims resulting from environmental disasters in Thailand in 2011.
  • Acted successfully as co-counsel in an ICC arbitration with seat of arbitration in Singapore, on disputes arising from shareholders and settlement agreements involving more than RM 56 million.
  • Advised and acted successfully for a foreign client against the world’s largest commodities trading company in an ad-hoc arbitration with the seat of arbitration in London and the governing law of the contract being English law. Successfully resisted claims of force majeure arising out of a contract for crude oil supply. Damages for breach of contract in the sum of US$ 20.2 million plus interests and costs were awarded by the tribunal to the client.
  • Acted for a foreign client to enforce an ICC Award involving a sum in excess of USD 17 million.
  • Advised a subsidiary of one of the world’s largest integrated oil and gas services and solutions provider in a subsea cable installation project.
  • Representing a reinsurer which is the world’s first Shariah compliant/Reinsurance operator in various international arbitration proceedings on coverage issues, in claims resulting from environmental disasters in Thailand in 2011.
  • Acting for a Thai company and a Lao company, in their appeal to the Federal Court against the Court of Appeal decision which upheld the High Court order to set aside an international arbitration award for the sum of USD 57.2 million. [Thai-Lao Lignite Co. Ltd & Hongsa Lignite Co. Ltd v Government of the Lao People’s Democratic Republic Civil Appeal No. W-02(NCC)(A)-96-01/2013]
  • Acted for the director of the Kuala Lumpur Regional Centre for Arbitration, where the director's immunity from legal suits and other process were in question. [AV Asia Sdn Bhd v Director of KLRCA & Measat Broadcast Network Systems Sdn Bhd Orginating Summons No. 24NCC(ARB)-1-01/2013]
  • Acted for the Kuala Lumpur Regional Centre for Arbitration, where the appointment of an arbitrator by the Centre as an appointing authority is challenged by one of the parties. [Al-Hidayah Properties Development Sdn Bhd v KLRCA & Kukdong Engineering & Construction Co Ltd Originating Summons No. 24NCC-184-06/2013]

  • Acting as co-counsel for the Malaysia Competition Commission (MyCC) in a judicial review case against the Competition Appeal Tribunal (CAT) to reinstate the RM10 million fines against Malaysia Airlines and AirAsia for violation of the Competition Act 2010.
  • Acted successfully as co-counsel for the MyCC against MY E.G.Services Bhd (MyEG) before the CAT. This matter is now pending the hearing of judicial review application filed by MyEG against CAT’s decision.
  • Acted as co-counsel for the Energy Commission of Malaysia in a judicial review filed by Tenaga Nasional Berhad.
  • Acting for the Securities Commission in various regulatory matters, including insider trading.
  • Acted as counsel for Bursa Malaysia, the Malaysian Stock Exchange in its actions against listed issuers and/or their directors for the recovery of fines imposed under the Listing Requirements.
  • Acted successfully for the Securities Industry Dispute Resolution Centre in its first ever judicial review proceedings.

  • Acted as co-counsel for an investment holding company (a subsidiary of an Australian company listed on the stock exchanges of Australia and New Zealand with leading outdoor advertising businesses in Australia and New Zealand, and with growing businesses in Hong Kong and Indonesia) in successfully resisting a claim that there was a concluded contract for the transfer of 30% shares in a local outdoor advertising company in Malaysia between the plaintiff and the shareholders of the said company. [Capital Billboards Sdn Bhd v Asia Posters Sdn Bhd & Ors [2012] 1 LNS 724]
  • Acted as co-counsel for a Consortium, comprising two leading global engineering, construction and services corporations (one of which is ranked on the Fortune 500 List of Largest Corporations) and three Malaysian engineering and contracting companies in Malaysia. [Lembaga Pembangunan Industri Pembinaan Malaysia v Konsortium JGC Corporation & Ors (Issued as Incorporated Partnership) [2011] 7 CLJ 46 (HC); [2015] 5 CLJ 157 (CA); [2015] 9 CLJ 273 (FC)]
  • Acted for a leading integrated end-to-end supply chain management solutions partner with companies throughout Asia Pacific, against the world’s largest electronics contractor manufacturer and the third largest information technology company by revenue in various disputes.
  • Acting for an Indian national in a commercial dispute where parties are embroiled in various litigation proceedings involving issues of breach of trust and the secrecy provision in the Labuan Companies Act 1990. The present litigation involved the granting of an anti-suit injunction to restrain a party from continuing or prosecuting or assisting in the prosecution of a suit in a foreign jurisdiction, interpleader application and a Beddoe Order.  
  • Successfully resisted an application made to the Labuan High Court by trustees of a Labuan company for leave to disclose information pertaining to the Labuan company for the purpose of disclosure in foreign proceedings commenced by the other beneficial owner against the trustees. This case is the first case decided on the secrecy provisions in the Labuan Companies Act 1990 and included detailed analysis of the Labuan Companies Act 1990 and statutory interpretation.

  • Advised and acted as co-counsel on behalf of a major public listed Thai company and its subsidiary, involved in a shareholders’ dispute with a minority shareholder in a Malaysian company in various legal proceedings commenced by the minority shareholder against the Thai companies. [Aras Jalinan Sdn Bhd v Tipco Asphalt Public Company Ltd & Anor [2008] 5 CLJ 654; Aras Jalinan Sdn Bhd v Tipco Asphalt Public Company Ltd & Anor [2011] 8 CLJ 830; Tipco Asphalt Public Company Limited & Anor v Aras Jalinan Sdn Bhd Civil Appeal No. 02(i)-26-05/2013(W)]
  • Successfully obtained a summary judgment for Intel Capital Corporation against Green Packet Berhad for the specific performance of a put option agreement, where Green Packet Berhad was ordered to pay the option exercise price of RM 60 million together with the interest of 1.5% per month, compounded monthly. 
  • Acted as counsel on behalf of a subsidiary of a public listed company in Malaysia in striking out an action filed by a former director of a company to have access to the company’s statutory and secretarial records on the ground that he did not have locus standi to proceed with his action.
  • Acted successfully for a public listed information technology company in Malaysia in its dispute with its former directors and senior employees involving various breaches of fiduciary duties, conspiracy and fraud. The litigation involved the granting of a Mareva Injunction Order to freeze the defendants’ assets, as well as the execution of an Anton Piller Order.
  • Acted as co-counsel in opposing an action for a declaration that the removal of certain directors was void, which included a determination of whether a physical shareholder meeting was required in order to remove directors. [Dato’ Low Tuck Choy & Anor v Chong Kok Weng & Ors [2009] 1 LNS 964]
  • Advised and acted as counsel for a major public listed construction company in Malaysia in various legal actions involving the removal and appointment of directors and breach of director’s duties.
  • Acted as co-counsel in opposing a just and equitable winding-up petition which involved various interlocutory applications, including an application to appoint a provisional liquidator for the company, an injunction to restrain the company from appointing additional directors to the board and application for validation orders for payment of dividends to shareholders and staff bonuses.

  • Advising a subsidiary of a national oil and gas company in a matter involving defects in the design, engineering, construction and installation of a mobile offshore production unit.
  • Acted successfully for a foreign client in an SIAC arbitration involving petroleum product quality dispute, against one of the largest integrated energy and commodity trading companies in the world.
  • Advised and acted successfully for a foreign client against the world’s largest commodities trading company in an ad-hoc arbitration with the seat of arbitration in London and the governing law of the contract being English law. Successfully resisted claims of force majeure arising out of a contract for crude oil supply. Damages for breach of contract in the sum of US$ 20.2 million plus interests and costs were awarded by the tribunal to the client.
  • Advised a major shipping company in ongoing arbitration proceedings involving a contract for the construction and the leasing of a semi-floating production system.

  • Acted as co-counsel for a subsidiary of a public-listed Japanese company in the investigation, the litigation for the recovery of the proceeds of fraud, which involves obtaining freezing and search orders in Malaysia and discovery orders to obtain banking information.
  • Advising multiple clients in investigation and dispute resolution strategy to redeem the company’s investment loss, the accounting and tracing of secret profits and recovery of all losses. The work being carried out include leading and managing foreign lawyers and forensic experts in obtaining urgent discovery orders, freezing and search orders in Malaysia and abroad.
  • Assisted the Port Klang Authority (PKA) Special Task Force to assess the issues arising from the Port Klang Free Zone (PKFZ) audit report on the PKFZ project and to give its recommendations on the appropriate legal remedies available to the PKA. Legal issues involved breach of fiduciary duties, construction issues and other issues relating to land.

Qualifications:
  • Fellow of Malaysian Institute of Arbitrators (2016)
  • Fellow of Chartered Institute of Arbitrators (2015)
  • Diploma in International Arbitration (Chartered Institute of Arbitrators) (2015)
  • AIAC Certificate Programme in Sports Arbitration (2016)
  • Advocate and Solicitor, High Court of Malaya (2008)
  • LL.B (Hons), University of London (2006) 

Professional Affiliations:
  • Panel Arbitrator, Asian International Arbitration Centre. 
  • Panel Arbitrator, Singapore International Arbitration Centre.
  • Panel Arbitrator, Malaysian Institute of Arbitrators. 
  • Founding member and Director, International Women’s Insolvency & Restructuring Confederation (IWIRC) Malaysia Network. 
  • Member, Research & Development Sub-Committee (Sports Development Act 1997) of the Sports Law Association of Malaysia. 
  • Assistant Tutor, Chartered Institute of Arbitrators (UK). 
  • Member, Young International Arbitration Group (YIAG) of the London Court of International Arbitration (LCIA).
  • Member, ICC Young Arbitrators Forum. 
  • Member, YSIAC of the Singapore International Arbitration Centre.

Delivered the following presentations/talks:

Arbitration related presentations/talks
  • Advocate, "the Great Sports Debate", a sports arbitration moot which was premised upon an anti-doping rule violation, organised by the AIAC in collaboration with the Sports Law Association of Malaysia in conjunction with the AIAC Sports Month, September 2018
  • Moderator, “Is litigation reclaiming the edge that arbitration once enjoyed?”, International Malaysia Law Conference, August 2018
  • Moderator, “Tailoring Dispute Resolution Mechanisms: Asia and Africa in Focus”, organised by the Young Practitioners Group of AIAC, 20 July 2018
  • Panel speaker, “Real Money, Real Investors, Real Time, Real Talk – What ADR Can Do for You” in the Rapid Fire Debate on “Equal Representation in ADR – Absence of Opportunities or Failure to Seize?”, Asia ADR Week 2018, organised by the AIAC, May 2018
  • Panel speaker, “Challenges of Arbitrators”, Moot Alumni Association’s 12th Annual Generations, Arbitration Conference in Hong Kong, 2018
  • Panel speaker, “60th Anniversary of the New York Convention”, First Asian Conference for Students and Young Practitioners, organised by the Young Practitioners Group of AIAC, 1 March 2018
  • Co-Chairperson, “Shaping the Future of Arbitration in Malaysia”, the inaugural National Arbitration Conference 2018, co-organised by MIArb and KLRCA, January 2018 (also a Moderator, “Innovation in Arbitration: Experiences from Other Jurisdictions”)
  • Advocate, YPG KLRCA-YSIAC Advocacy Workshop’s moot exhibition, organised by KLRCA and YSIAC, February 2017
  • Presenter, “Navigating the Minefields of Corporate Disputes: To litigate or arbitrate”, Regional Arbitral Institutes Forum Conference, Sydney, Australia, 25 November 2016
  • Panel speaker, “Recent developments in the Arbitration Regime in Asia”, ICC Young Arbitrators Forum Asia Chapter Regional Conference, Seoul, Korea, 14 October 2016
  • Regularly presents on topics relating to International Commercial Arbitration at training courses organised by the Bar Council’s Continuing Professional Development Department
  • Presenter, “The Hearing Process Procedure and Practice” and “Managing the Expert Witness”, Joint Course on Alternative Dispute Resolution for Practitioners, organised by PAM, MIArb, RISM and IEM
  • Speaker, “Comparative Overview of Emergency Relief Measures in Asia”, 2014 Lex Mundi Litigation, Arbitration and Dispute Resolution Practice Group Asia Pacific Meeting, Bangkok, Thailand, December 2014
  • Presenter, “International Commercial Arbitration”, as part of the Kuala Lumpur Bar Young Lawyers Committee’s Professional Development Programme
  • Presenter, “Navigating the Minefields of Shareholders’ Disputes – To Litigate or Arbitrate”, at the official launching of the Young Members Group of the Chartered Institute of Arbitrators (Malaysia Branch)
Corporate and Commercial litigation related presentations/talks
  • Panel speaker, “The Companies Bill 2015: A New Horizon for Insolvency”, Insolvency Conference 2016, organised by the Malaysian Institute of Accountants, Insolvency Practitioners Association of Malaysia and CPA
  • Panel speaker, “Presenting Complex Accounting Cases in Court”, at the Forensic and Fraud Investigation Conference 2015: Uncovering Global Trends in Corporate Crimes, organised by the Malaysian Institute of Accountants
  • Speaker, Labuan International Business & Financial Centre (Labuan IBFC) Legal and Corporate Conference 2014
  • Trainer, Companies Bill 2013 Workshop, organised by CrimsonLogic
  • Presenter, “Tons of Documents: Friend or Foe? How to Avoid Being Buried in Paperwork”
Authored the following chapters/books:

Arbitration related publications
  • Co-author, Malaysia Country Update, Asian Dispute Review journal 2018 edition, April 2018
  • Co-author, chapter on “Corporate Dispute Resolution”, “Arbitration in Malaysia: A Practical Guide”, 25 November 2016
  • Author, “The Federal Court in CIDB v JGC Corporation – An Overview and Analysis”, Newsletter of the Malaysian Institute of Arbitrators, Issue 2/2015
  • Author, “Who is to referee a shareholders’ fight: Judge or Arbitrator? [Arbitrability of Shareholders’ Disputes]”, Newsletter of the Chartered Institute of Arbitrators, Malaysia Branch,. May 2015
  • Author, “The Arbitrability of Shareholders’ Disputes: An Overview”, The Law Review, 2014
  • Author, “A Case for Incorporation by Reference”, Newsletter of the Chartered Institute of Arbitrators, Malaysia Branch, August 2013
  • Author, “ICC Rules of Arbitration 2012”, KLRCA Newsletter, April-June 2013 
  • Author, “Immunity of Arbitral Institutions”, KLRCA Newsletter, Jan-Mar 2013  
  • Author, “Are there Passive Remedies in Jurisdictional Challenges under the Model Law?”, Winter Edition of the Young International Arbitration Group (YIAG) E-news, 2012
  • Author, “It’s the Substance That Matters!”, Newsletter of the Chartered Institute of Arbitrators, Malaysia Branch, 1/2012
  • Author, “Malaysian Rules of Court 2012”, Summer Edition of the Young International Arbitration Group (YIAG) E-news, 2012
  • Author, “Amendments to Malaysian Arbitration Act 2005”, Winter Edition of the Young International Arbitration Group (YIAG) E-news, 2011
Corporate and Commercial litigation related publications
  • Contributor, Malaysian Civil Procedure 2018 - a practitioner’s guide
  • Co-author, the Malaysian Chapter on “Directors in the Twilight Zone Project IV”, INSOL International
  • Co-author, the Malaysian Chapter on “Directors in the Twilight Zone Project Zone III”, INSOL International – 3rd Edition (International Association of Restructuring, Insolvency & Bankruptcy Professionals), INSOL International Eight World Congress, Vancouver, Canada, June 2009
  • Authored various articles and case commentaries for the publication of Skrine’s Legal Insights (quarterly newsletter) including:
    • The Battle for the Persian (Carpet) Empire: A case commentary on Ebrahimi v Westbourne Galleries Ltd and Ors [1973] AC 360 [2014] (2015)
    • ICC Rules of Arbitration 2012 (2011)
    • Legal Professional Privilege (2011)
    • Is Time Writ in Stone: High Court’s interpretation of the time frame stipulated in Section 181B (2) of the Companies Act (2010)
    • Currying Favour: How far can a candidate go to win votes? (2009)

  • Listed as a “Future Star” in Commercial Disputes in Benchmark Litigation Asia-Pacific 2018.