Financial services, corporate disputes, commercial litigation and arbitration, corporate insolvency, information technology, construction, land law, oil and gas, public law and securities.
Advocate & Solicitor, Malaya.
Alan’s 21 years of practice as an Advocate & Solicitor of the High Court of Malaya is wide-ranging, and has encompassed a variety of complex disputes. He has appeared in numerous significant cases in the higher courts up to the Federal Court in these fields. Alan acted as co-counsel for a Malaysian regulatory authority, and secured worldwide Mareva injunctions against the promoters of an international Ponzi scheme, leading to recovery and repatriation of the largest fund for investors in Malaysia. He has represented financial institutions in domestic and international arbitrations at the Kuala Lumpur Regional Centre for Arbitration and the Singapore International Arbitration Centre in securities, and information technology disputes involving the supply of core banking systems. Alan regularly represents Malaysia’s prominent construction and civil engineering companies in the higher courts, in arbitration and adjudication on commercial and construction disputes, and has been retained by a leading international service provider to the oil and gas production and processing industry in an arbitration at the Asian International Arbitration Centre.
• Represented a consortium of banks in Malaysia’s largest foreclosure, resulting in the successful public auction of a property in excess of RM420 million despite vigorous opposition by the chargor at every stage of the proceedings.
• Counsel for one of Malaysia’s leading banks in one of the largest bankruptcy actions in the country, with a total proof of debt admitted in excess of RM396 million.
• Advised and represented a Building Society in a civil suit brought against its previous Chief Executive Officer for breaches of fiduciary and statutory duties.
• Co-counsel in the leading case of MIDF Amanah Investment Bank Berhad & 9 Others v. Pesaka Astana (M) Sdn Bhd & 11 Others, representing the bondholders in a bonds dispute against a bonds issuer, lead arranger and trustee, the first of its kind in Malaysia.
• The firm and Alan were subsequently retained by a separate set of bondholders, comprising 6 financial institutions and a statutory body, in AMTrustee Berhad & 7 Others v. Aldwich Berhad and 6 Others, a landmark case in a bonds dispute against the issuer, lead arranger, trustee and reporting accountant. The firm and Alan succeeded in securing judgment against all the defendants in excess of RM177 million, having proved all the causes of action pleaded against all the defendants, including for breaches of the bond contracts, breaches of statutory duties, breach of trust and negligence. Alan and the firm will be defending the Judgment of the High Court when the appeals are heard in November 2018.
• Successfully secured the release of one of his construction clients from considerable financial liabilities estimated at RM115 million in a dispute on the construction of Malaysia’s largest hydroelectric dam.
• Alan has also advised and worked with Malaysia’s first listed independent oil and gas exploration and production company.
• Acted for a sole concessionaire in a domestic arbitration against a statutory body in a dispute relating to a Concession Agreement for the publication, printing and supply of textbooks to the nation’s schools and succeeded in obtaining an Award for his client in excess of RM36 million and in defending a cross-claim in excess of RM20 million.
• Alan has successfully obtained Declaratory relief in relation to the Malaysian Interest Schemes Act, 2016 for shareholders of a company, the first of its kind in Malaysia.
• He also regularly appears on behalf of local authorities, applicants and respondents in Judicial Review proceedings, as well as the Malaysian Highway Authority, highway concessionaires and land owners in land acquisition matters.