02Practice 02 of 05
Dispute Resolution
When a relationship breaks down, clarity is worth more than noise.
We act in commercial litigation and arbitration, and just as often help clients resolve matters before they reach either. Our first task is an honest assessment: the strengths and weaknesses of the position, the likely cost, and the realistic range of outcomes.
We are selective about the disputes we take on, so that the partner who advises at the outset is the one who sees the matter through.
01What we advise on
Dispute Resolution
What we advise on
- 2.1
Commercial litigation
Contract, debt and business disputes in the Malaysian courts, from pre-action strategy through to trial and appeal.
- 2.2
Arbitration
Domestic and international arbitration, including the choice of tribunal and procedure, and the enforcement of awards.
- 2.3
Shareholder & boardroom disputes
Conflicts between shareholders, directors and family members in private companies, where the relationship often matters as much as the outcome.
- 2.4
Mediation & settlement
Structured negotiation and mediation, with settlement terms drafted so that they hold.
- 2.5
Urgent relief
Injunctions and other urgent applications to protect assets, confidential information or the status quo.
- 2.6
Enforcement
Enforcing judgments and arbitral awards, and resisting enforcement where there are proper grounds.
02Typical matters
Described generically
The kind of workwe are asked to do.
These describe situations, not clients. AUREL & TAN is fictional, so there are no real matters, results or client names here — only the shape of the work.
- A
A minority shareholder in a family company who believes they are being excluded, and wants to understand the options before writing to the other side.
- B
A contractor and an employer in disagreement over delay and variations on a commercial building project, with an arbitration clause in the contract.
- C
A distributor needing urgent steps to stop a former employee using its customer information.
- D
A supplier with a large unpaid invoice weighing a court claim against a negotiated payment plan.
- E
Two directors in deadlock who need a way to separate their interests without damaging the company.
03How we approach it
Dispute Resolution
How we approach it
- 01
An early, written assessment
Within the first weeks we set out our view of merits, risk and cost in writing, and we update it when the picture changes.
- 02
Settlement is not failure
Most commercial disputes end in agreement. We prepare every matter properly so that any settlement is negotiated from strength.
- 03
Cost in proportion
We discuss budget openly at each stage, including the point at which the cost of continuing outweighs what is at stake.
04Who leads it
2 lawyers in this practice
The lawyersyou would work with.
All people
05Questions clients ask
Before youask us.
Should we go to court or to arbitration?
Often the contract has already decided. If it has not, the answer turns on confidentiality, enforcement abroad, cost and speed. Our article on the subject sets out the trade-offs; on a real matter we would apply them to your facts.
How long does a commercial dispute take?
It varies widely. A matter resolved by early negotiation may take weeks; a contested trial or arbitration can take a year or more. We give a realistic timetable at the outset and keep it under review.
What should we do first?
Preserve documents, including emails and messages, and avoid putting anything in writing you would not want read aloud. Then take advice before responding formally.
06Related insights
Related insights
Consultation
Begin with ashort request.
The request will open with Dispute Resolution already selected. Describe the situation briefly; a partner reads every request.
- 01Matter
- 02Outline
- 03Availability
- 04Review
Concept site: the request is a working demonstration and nothing is sent. Read the notice.