Tan Hui Wen Senior Associate

Contact
T +603 2081 3999 ext 800
E tan.hui.wen@skrine.com
 

Overview


Hui Wen is a litigation and arbitration lawyer specialising in land acquisition and valuation disputes, commercial disputes, and aviation.

Hui Wen has experience in land acquisition matters, having acted for the acquirers as well as the land owners. She has represented State Authorities, State-owned conglomerates, and oil & gas companies, in resisting challenges to land acquisitions as well as in land reference proceedings on issues relating to compensation.

Hui Wen has appeared as lead counsel in the High Court and Court of Appeal for interlocutory and leave applications, and as junior counsel in appeals at the Federal Court. She has also acted in arbitrations and arbitral-related court proceedings.

Hui Wen serves as ICC YAF Regional Representative for South Asia (2019 – 2021) at the International Chamber of Commerce Young Arbitrators Forum.

 

Key Practice Areas

  • Land Acquisition and Land Law
  • Rates, Assessment and Valuations
  • Aviation Disputes
  • Commercial Litigation and Arbitration
 

  • Acted for the national oil company in land acquisitions for a RM60 billion industrial development project in Malaysia where the total value of claim that was resisted was in excess of RM 700 million.
  • Acting for one of the of the State Governments in Malaysia in resisting 7 appeals relating to the acquisitions of approximately 2,800 acres of land in Malaysia (counterparty’s appeal now pending at the apex Court).
  • Acted for a large land-holding company in Land References where the market value of the lands was, in total, put forward as being in excess of RM130 million.
  • Acted for a large palm oil plantation company where the value of claim was in excess of RM75 million.
  • Acting for one of the State Governments in Malaysia and a statutory body in various Land References where the market value of lands claimed exceeds RM3.6 billion, and wherein other claims (like business losses) are also being raised.
  • Acted for one of the District Land Administrators from one of the States in Malaysia in appeals at the Court of Appeal including one where a novel decision in relation to late payment charges was made in favour of, amongst others, the District Land Administrator.
  • Acting for the Management Corporation of a commercial development in a Land Reference seeking additional compensation for severance damage and injurious affection by reason of an acquisition for the SUKE Highway Project.
  • Acted for an investment holding company of one of the States in Malaysia and one of the said State’s Land Administrators in resisting a Judicial Review to set aside land acquisitions for a large commercial and residential project.
  • Representing one of the State Governments in Malaysia and its Director of Land and Mines in appeals arising from a High Court decision which allowed claims based on native customary rights over 7,000 acres of lands and waterways in southern Peninsular Malaysia.
  • Represented one of the State Governments in Malaysia, its Director of Land and Mines, one of its Land Administrators and its National Park Authority in an appeal at the Court of Appeal arising from a High Court decision which allowed claims of  native customary rights over 15,000 acres of land.

  • Acted for the leading gas infrastructure and utilities company within Malaysia which is also one of the largest companies on the local bourse (in terms of market capitalisation) in a considerable number of appeals against the imposition of rates by various local authorities within the country including one where it was successfully argued at the apex Court that rates could not be imposed upon an occupier in respect of lands occupied.
  • Acted for the leading gas infrastructure and utilities company within Malaysia in two Judicial Reviews against unrelated local authorities to set aside retrospective rates (both proceedings were successful despite a previous Court of Appeal decision which suggested that retrospective rates were justifiable).
  • Acted for one of the largest petroleum refinery within Malaysia in an appeal against the imposition of rates by a local authority.

  • Advised a global air carrier operating flights for corporations, governments and private clients to more than 180 countries worldwide regarding the compliance and regulatory aspects of the civil aviation industry in Malaysia.
  • Represented a global air carrier at an inquiry/hearing before the Malaysian Aviation Commission pursuant to Section 81 of the Malaysian Aviation Commission Act 2015.
  • Advised a Malaysian airport operator on corporate defamation and claims for business losses.

  • Acted against the Government of Malaysia in an arbitration relating to two contracts to computerise certain systems.
  • Acted for a large purified terephthalic acid (PTA) producer in resisting applications made under Sections 37 & 42 of the Arbitration Act 2005 to set aside an arbitration award. The arbitration involved the recovery of specialised assets and claims of damages.
  • Acted for one of the leading producers of natural sweeteners (Malaysian branch) in a civil suit and appeal at the Court of Appeal for failure to process and supply a controlled raw material.
  • Acted for one of the leading producers of natural sweeteners (Malaysian branch) in an arbitration relating to a contract to supply liquefied gas.
  • Acted for the Malaysian arm of a Fortune Global 500 company in multi-party suits involving conventional financial and Takaful products.

Qualifications:

  • Advocate and Solicitor, High Court of Malaya (2015)
  • Certificate of Legal Practice (2014)
  • LL.B, University of Auckland (2013)

Professional Affiliations:

  • ICC YAF Regional Representative for South Asia, International Chamber of Commerce Young Arbitrators Forum (2019 – 2021)
  • Co-Secretary General, Kuala Lumpur Bar Young Lawyers Committee (2019/2020)
  • Head of Editorial & Publication, Management Panel, Bar Council Legal Aid Centre (Kuala Lumpur) (2019/2020)
  • Member, YSIAC of Singapore International Arbitration Centre
  • Member, Asian International Arbitration Centre (AIAC) Young Practitioners Group
  • Alumni Coordinator for Malaysia, University of Auckland Alumni Network
  • Fellow, LawTech Malaysia

Publications:

  • Author, Atkin’s Court Forms Malaysia – Land (updates) (2019).
  • Author, Atkin’s Court Forms Malaysia – Appeals (updates) (2019).
  • Author, “Civil aviation security: new regulations take effect”, International Law Office Aviation Newsletter (2019).
  • Author, “Beefing Up Aviation Security”, Skrine Legal Insights Issue 2/2019.
  • Co-author, “Now everyone can fly… with fewer headaches!”, International Law Office Aviation Newsletter (2018).

Talks:

  • Moderator, “Evolution – What The Future Holds For The Arbitration Industry?”, at the inaugural AIAC - Bar Council -  Chartered Institute of Arbitrators Joint Conference           (October 2019).
  • Speaker, Panel Discussion on the landmark Federal Court case of JRI Resources Sdn Bhd v Kuwait Finance House, in conjunction with the Kuala Lumpur Bar - Lincoln's Inn Alumni Moot Court Competition (September 2019).
  • Speaker, Mooting Workshop, BAC Mooting Society (Sept 2019).
  • Moderator, “Introduction to Legal Tech” forum, organised by the Asian International Arbitration Centre and LawTech Malaysia (August 2019).
  • Speaker, “The Junior Counsel's Essential Toolkit”, BAC Mooting Society (February 2019).
  • Speaker, “Red Flags on Delivering Oral Submissions”; Panel Speaker on “How to Train Your Oralist” & Counsel in a mock arbitration hearing, at the Mooting Workshop organised by the Asian International Arbitration Centre (January 2019).
  • Speaker, Case Management 101, Skrine Professional Development & Knowledge Management programme (October 2018, April 2019).
  • Speaker and Trainer, KLRCA Mooting Workshop for Students, Coaches & Young Practitioners (January 2018).
  • Speaker and Trainer, Skrine Debating Workshop for Dignity for Children Foundation (2016 - 2017).
  • Speaker and Trainer, Skrine Public Speaking Workshop for Dignity for Children Foundation (October 2016).
  • Speaker and Trainer, Skrine-Teach For Malaysia Constitutional Law Workshop for students in a low-decile school (April 2016).