Dispute Resolution – Civil & Corporate Litigation

The Firm does dispute resolution including civil litigation, adjudication and arbitration in the area of Company law, Property law, Commercial law, Construction law and Banking law.

The Firm has more than 20 years of experience in commercial dispute resolution, where the Firm has acted and advised on shareholder disputes, oppression suits, derivative actions and made challenges to the validity of EGM’s and other matters relating to corporate management. The firm has also assisted in the resolution of such disputes (without recourse to litigation).

The Firm has advised on construction disputes involving EPC contracts in Oil and Gas, power and other sectors both in arbitration and in Court.

Besides that, the Firm also advises on corporate receivership, liquidations and other insolvency related matters as well as on bankruptcy proceedings and also acts for Management Corporations in dealing with residents & occupants.

Corporate Litigation

Pursuing and defending Shareholder/director’s disputes

  • Minority oppression
  • Breach of fiduciary duties
  • Fraud
  • Conspiracy

Derivative actions

Reinstatement of a struck out company

Winding up petitions

Fortuna injunction

Civil Litigation

Landlord and Tenant dispute

  • Perusing Tenancy Agreement and Lease Agreement and advise landlord/tenant about their rights under the agreements.
  • Issuing or responding to Notice of Termination.
  • Initiating action to recover rental arrears and loss suffered by landlord.
  • Enforcing court judgement and assist landlord to recover possession of premise (filing of Writ of Possession).

Disputes arising from Sale and Purchase Agreements (“S&P”)

  • Acting for developer/parcel owner to defend/file suit for Liquidated Ascertain Damages (“LAD”) due to delay in delivery of vacant possession.
  • Claiming or disputing late payment interest
  • Specific performance and recission of the S&P

Pursuing and defending defamation suits
Pursuing and defending claims in relation to financial institutions
Debt recovery for goods sold and delivered or services rendered.
Trespass
Committal Proceedings
Matters relating to Unclaimed Monies

Arbitration

Our team is experienced in the handling of arbitral disputes arising from the performance of contracts, payment dispute and other commercial transactions.

Construction / Adjudication

Pursuing and defending adjudication or civil proceedings for construction claims.
Providing advice in the area of delay and extension of time, determination by employer, determination by contractor, payment dispute, effect of variation, handing over of site possession, injunction to restrain the call for Bank Guarantee/Performance Bond.
Providing explanation about adjudication proceedings/ Construction Industry Payment
and Adjudication Act 2012 (“CIPAA 2012”) in particular timeline and procedure.
Providing advice on the mode to commence an action whether by way of arbitration,
adjudication and/or civil court.
Providing advice for project management.
Assisting in negotiation for settlement and drafting of settlement agreement.

Strata Management and Strata Title related

Providing advice and explanation to property management companies, joint management bodies and management corporations in relation to their powers and duties under the relevant legislation.
Initiating actions against parcel owners for unpaid maintenance charges and sinking fund contributions, including enforcement of Tribunal Award/Judgement against parcel owners.

Bankruptcy and Insolvency

Providing advice regarding the insolvency proceeding.
Assisting individual client to defend bankruptcy proceeding filed against them.

Land Disputes

Providing explanations to client regarding Torren system in Malaysia
Providing advice in relation indefeasibility of title
Providing advice to landowners regarding land acquisition.
Attending to land inquiry before Land Administrator.
Registration and removal of Private Caveat.

Industrial Relations and Labour related matters

Engaging in matters relating to termination of employees and unfair dismissals at the
Industrial Court.
Advising client on the most cost-effective approach in relation to current or potential
employment disputes.
Assisting and advising clients in drafting or reviewing employment contracts pursuant to the Malaysian employment law.
Advising clients on various aspects of Malaysian employment law including dismissals and domestic inquiries.

Relevant lawyers:

Raja Seelan | Kanaga | Joy | Nicole | Cindy | Nur Syahirah | Kevin | Ong 

Let us help you!

Please feel free to contact us.

Call : +(603) 2283 5036

enquiry@rsalaw.com.my Mon – Fri 09:00-18:00