What are the most significant cases and/or transactions that you have been involved in over the past year?

The most significant transactions of my past and recent efforts involve the transformation exercises undertaken by the organisation. This process began in 2015, following the twin tragedies, when it became clear that we needed to transform and set a sustainable path forward for the national carrier. This proved to be a formidable challenge, as the restructuring team had to devise a plan for an ‘overnight transfer’ that would ensure passengers experienced no operational disruptions. The transfer process extended over several years and involved the selective transfer of assets and contracts. As legal counsel, I collaborated closely with the procurement team to renegotiate rates and terms with both existing and new suppliers, service providers, and financiers. Additionally, non-transferable items such as licenses, overflying rights, airport slots, and bank accounts had to be independently acquired by the new company. Coordinating all these elements to synchronise was a significant challenge, not only for our Malaysian operations but also for our offices worldwide.

A few years later, during the COVID-19 pandemic, the organisation underwent a significant restructuring exercise to reset its balance sheet and ensure business survivability. This involved a debt restructuring process that required approval from the UK Court. It was the most intense effort yet, with the team working around the clock across different time zones. Fortunately, lockdowns were still in place in many countries, allowing discussions to be conducted entirely through video conferencing. All attention and energy were devoted to negotiating with our aircraft lessors, lenders, and other creditors. The final phase of this transformation was completed just a year ago, resulting in a new helix operating model that embraces lean and agile functions throughout the organisation.

What innovations have you made to the way your legal team works in the past year? 

The department takes great pride in its automated contracting process, developed and tailored by our IT Department to align with our corporate governance structure. This system, known as e-Chamber, enables designated legal counsels and financial advisors to review contracts in real time, incorporating input from other internal stakeholders. Additionally, managers can monitor and track the progress of contracts from anywhere in the world at any time. With the implementation of e-Chamber, our organisation has significantly improved its turnaround time.

To enhance the contract signing experience for our internal clients, we collaborated with the renowned electronic signature service, DocuSign, allowing our contracts to be signed instantly. Our next step is to integrate a digital signing feature aimed at creating a seamless e-contract generation experience for our internal clients, particularly benefiting our sales and revenue contracts during their marketing roadshows.

The system includes a dedicated contract management module that enables contract owners to document any breaches, instances of non-performance, or failures to meet service levels. This feature not only assists contract owners in monitoring vendor performance but also offers valuable insights for future contract owners during the evaluation process for renewals.

Our upcoming project focuses on integrating generative AI into the system. These enhancements will enable immediate responses to inquiries about the contracting process, allowing our legal counsels to devote more time to addressing complex legal matters.

Based on your experience, what is the key to collaborating successfully with business partners?

For me, successful collaborations are those that are sustainable and mutually beneficial for both parties, regardless of the bargaining power of each. As in-house counsels, we greatly leverage external lawyers who possess the right skills and expertise, as they play a crucial role in executing tasks that in-house teams may not be equipped to handle. While lower legal fees are often viewed as the most attractive option, the true priority lies in the value that a law firm brings to the business. This value can manifest in various forms, such as knowledge sharing, market insights, and, most importantly, legal solutions that are pragmatic, compelling, and innovative. When uniquely tailored to the organisation’s needs, such solutions empower the business to differentiate itself within the industry.

Another crucial element in cultivating a successful relationship is the ability of all parties to manage conflicts effectively. Navigating conflicts with external lawyers can be challenging, yet it remains an essential part of legal operations. I recently encountered a situation where an external lawyer was not meeting agreed deadlines and communication schedules, leading to frustration among the in-house counsels and prompting a request for a change of solicitor. Rather than relying on ad-hoc calls, I invited the lawyer to join our weekly project meetings. This approach ensured the lawyer remained aligned with the project’s direction and could proactively address any legal issues that arose.