Firm Overview
Established in 2015, Cecil Abraham & Partners is a focused set of disputes practitioners and is the only Malaysian law firm involved in investment treaty disputes with significant appearances in ICSID cases both as counsel and as arbitrator. The team has successfully arbitrated some of Malaysia’s most intricate and high-profile disputes covering commercial law, public administrative law, environmental law and constitutional law. Partners of the firm have also argued some of the seminal cases before the apex courts in Malaysia in so far as contractual claims, fraud litigation, defamation claims, public and administrative law, as well as constitutional law, to name a few.
A dispute resolution firm offering a full range of legal services – advisory, strategic, preventive and dispute resolution – Cecil Abraham & Partners regularly advises and acts for Fortune 500 companies, media conglomerates, government-linked companies and high-net-worth individuals, as well as not-for-profit entities, charities, private individuals, and private limited companies.
Cecil Abraham & Partners remains sought after for its expertise in arbitration, and the last year has seen the firm involved in a number of notable cases spanning the construction and hospitality industries, oil and gas, and the financial and investment sectors, with amounts ranging from USD 7.5 million to USD 2.4 billion. In litigation, the firm represented multinational corporations in disputes relating to building and construction, engineering, agriculture, and telecommunications valued between MYR 40 million and MYR 1 billion. The firm also continues to act in high-profile disputes concerning rare earth mining, banking, and finance, as well as public and administrative law.
The firm has consistently ranked in the top tiers on Chambers & Partners Asia-Pacific, Legal 500 Asia-Pacific, Benchmark Litigation, and Asia Law Profiles. The firm’s lawyers are also ranked favourably by directories including Lexology Index (formerly known as Who’s Who Legal), Asian Legal Business, Benchmark Litigation, Global Arbitration Review, Asia Law Profiles, Legal 500 and Chambers & Partners.
Work Highlights
- Representing Petroleum Sarawak Berhad in an oil and gas as well as oil royalty dispute with Petroleum Nasional Berhad.
- Representing the executors of the Estate of the late Madam Lim in a significant probate dispute wherein the last will and testament of the deceased is being challenged by her daughters by reference to a lack of testamentary capacity and the purported existence of suspicious circumstances. The Estate of the late Madam Lim is valued in the sum of USD1 billion. There is also related litigation arising therefrom relating to the appointed of independent administrators pende lite, which one of the principal beneficiaries named in the will is seeking to challenge.
- Representing Crescent Petroleum International Ltd and Crescent Gas Ltd in the registration and enforcement of a partial award against the National Iranian Oil Company valued in excess of USD2.4 billion. This case address sovereign immunity related arguments at the registration stage in enforcing a commercial arbitration award and the tracing of assets as part of asset recovery process post-award.
- Representing Lynas Malaysia Sdn Bhd in judicial review proceedings relating to attempt by non-governmental organisations seeking to challenge planning permission and environmental approval granted for the construction of a Permanent Disposal Facility, in Gebeng, Pahang under the Town & Country Planning Act 1976 and the Environmental Quality Act 1974.
- Representing Sotella Fund Pte Ltd in court and arbitration proceedings against Lextrend Sdn Bhd and its shareholders, namely, United Malayan Berhad, in a dispute relating to breaches of a share subscription agreement relating to the failure to redeem preference shares. These legal actions are significant as they involve complex commercial disputes related to construction and application of share subscription agreements involving the failure to redeem preference shares in accordance with the requirements under the Companies Act 2016 as well as breaches of deeds of undertaking and indemnities across different forums. The outcome of these cases could have substantial implications for the parties involved and may impact future investment agreements in a similar context.
- Representing Tegas Sejati Sdn Bhd in a land acquisition dispute relating to compensation awarded in a land reference proceeding. The Federal Court ordered a rehearing, emphasising the importance of transparency and due process in such proceedings. The substantive proceedings have since concluded before the High Court and are on appeal before the Court of Appeal.
