Cecil Abraham And Partners

The firm: Cecil Abraham & Partners acts in a broad range of civil, commercial and construction disputes. Its practice varies from court and arbitration appearances to advice – both strategic and preventative – in the areas of practice referred to above. The members of the firm have significant court and arbitration (including investment treaty) experience. In recent years, clients have come to the firm for assistance in a wide range of matters including those relating to commercial disputes, fraud litigation, extradition and mutual assistance in criminal matters.

Areas of practice: In 2021, the firm acted successfully for Catajaya Sdn Bhd in respect of a claim for specific performance in relation to a land dispute. The decision of the Federal Court in Catajaya Sdn Bhd v Shoppoint Sdn Bhd [2021] 2 MLJ 374,  addresses the applicable principles and requirements for parties seeking to terminate a contract in Malaysia. In addition, in Yong Tshu Khin & Anor v Dahan Cipta Sdn Bhd & Anor [2021] 1 MLJ 47, the firm acted for the successfully for the respondents wherein the Federal Court laid down the applicable test in relation to applications for review under Rule 137 of the Rules of the Federal Court 1995 as well as the application of the de-facto doctrine in Malaysia generally. In addition, the firm also acted successfully for Raub Australian Gold Mining Sdn Bhd in a libel claim wherein in the Federal Court considered the application of the law of reportage for the first time in Mkini Dotcom Sdn Bhd v Raub Australian Gold Mining Sdn Bhd [2021] 5 MLJ 79.

On the environmental and public administrative law front, the firm is acting for Lynas Malaysia Sdn Bhd, one of the world’s largest rare earth producers in respect of claims by several environmental activists seeking to quash the full operating licence granted to the company to operate its rare earth plant in Gebeng, Pahang. The firm is also acting for Royal Pahang Durian PKPP Sdn Bhd in respect of judicial review proceedings instituted by illegal farmers against the State Government of Pahang and several others government agencies as part of the State Government of Pahang’s initiative to harmonize large scale durian farming in Raub, Pahang for purposes of export internationally.

The firm is also acting for Yayasan Wilayah Persekutuan in the much publicized judicial review proceedings  before the apex court in Malaysia filed by a residents’ association to quash a perceived controversial development order granted to this developer.

The firm continues to advise Setia Utama LRT 3 Sdn Bhd (formerly known as MRCB George Kent Sdn Bhd), the main turnkey contractor in so far as the LRT 3 Project in Malaysia is concerned. The firm is also acting for Malaysian Resources Corporation Berhad in several high value construction related arbitration disputes involving subsidiaries of Theme Attractions Resorts & Hotels Sdn Bhd vis-à-vis resorts located in Desaru, Johor.

Finally, Tan Sri Dato’ Cecil Abraham continues to be the only Malaysian to continue to sit as arbitrator in investment treaty claims.