What are the most significant cases or transactions that you have recently been involved in?

In August 2022, our legal team assisted AirAsia to agree to the mutual withdrawal of a series of high-profile litigation matters with Malaysia Airports Holdings Berhad (MAHB) that has spanned four years. The withdrawal of all proceedings will enable AirAsia and MAHB to work closer together to build a stronger aviation ecosystem for Malaysia and ASEAN.

In December 2021, we advised AirAsia throughout the successful raising of circa US220m via the issuance of a Redeemable Convertible Unsecured Islamic Debt Security (RCUIDS). The RCUIDS provided a strong injection to support the overall fundraising strategy.

Responsibilities included advising on the due diligence process, negotiating the definitive documents and the preparation of the Abridged Prospectus.

Our team also undertook a project to enhance AirAsia’s protections under Section 17A of the Malaysian Anti-Corruption Commission Act 2009. Included the adoption of mandatory ABAC clauses and Supplier Code of Conducts in all agreements and the implementation of KYC and third-party due diligence processes.

In February 2022, we advised AirAsia Berhad throughout the successful Court of Appeal win against the Malaysia Competition Commission, which provided for the return of RM10m in fines imposed on Malaysian Airline System (MAS) and AirAsia Berhad for allegedly breaching a market-sharing prohibition. Subsequently, the successful Federal Court rejection of MyCC’s application for appeal to the apex court.

Looking forward, what technological advancements do you feel will impact the role of in-house legal teams in the future the most? Which have you found most useful in your legal team? 

For international companies, especially those with heavy procurement practices, the adoption of legal document automation software with AI capability will be very beneficial.

I see the adoption of such legal tech as being key to improving the overall quality of legal documentation, including consistency and speed of turnaround, curbing rising legal costs that come with growth, and generally allowing bandwidth for the legal team to be able to focus their energy on more value added (and more enjoyable) work.

I’m looking forward to seeing further advancements here. The current offerings are still on the pricey side and present some challenges when it comes to dealing with multiple languages and integrating with pre-existing contract management systems.

How do you suggest in-house lawyers build strong relationships with business partners?

To build strong relationships, it is essential to do what you say you will do, which is easier said than done. It’s okay to give realistic timelines, especially in organisations where priorities are constantly changing.

Always look to add value. In-house lawyers can demonstrate excellent risk assessment skills and can be invaluable when it comes to proposing risk mitigation options in order to close open contractual issues, as opposed to just presenting barriers.