Civil Litigation & Arbritation

Frequently Asked Questions

What is Civil Litigation?

Civil litigation is the process of resolving legal disputes through the courts when parties cannot settle their differences on their own. It involves submitting claims and defences, exchanging evidence, and ultimately, having a judge decide the matter. The disputes can range from breaches of contract and property disputes to debt claims and compensation claims.

What is Arbitration, and how does it differ from litigation?

Arbitration is a form of dispute resolution outside of the court system where an impartial arbitrator (or panel) hears both sides and makes a binding decision. Unlike litigation, arbitration is typically private, can be faster, and the parties can agree on procedural rules and the choice of arbitrator.

How do I know if my dispute is worth taking to court?

Whether a dispute is worth taking to court depends not only on the legal merits, but also on the practical and commercial realities of litigation. We assess factors such as whether you have a viable legal cause of action, whether the claim is supported by credible evidence, and whether the relief sought can realistically be obtained and enforced. We also consider proportionality, including the time, costs, and risks involved, as well as whether alternative steps may achieve a more effective outcome. 

What happens if I lose the case? Can I appeal?

Yes, in certain circumstances, a decision may be appealed. Whether an appeal is available depends on the type of case, the court involved, and the grounds for appeal. Appeals are not a re-trial of the case and are generally limited to errors of law or procedure. We will advise you on whether an appeal is legally viable and commercially sensible, including the risks, costs, and likelihood of success.

If I win, will I recover my legal costs from the other party?

In Malaysian civil litigation, the court has a discretion on the award of costs. As a general rule, the unsuccessful party may be ordered to pay the successful party’s costs, but this does not mean you will recover all your legal fees in full. The court typically awards “party-and-party” costs, which represent a portion of actual legal costs and are often significantly lower than the fees you and your lawyer have agreed upon. The court may also limit costs to specific stages of the proceedings, or, in some circumstances where conduct is improper, make no order for costs. This means that even if you are successful, you may still have to absorb part of your own legal expenses, so it’s important to consider costs as part of your overall litigation strategy.

How does your firm approach civil litigation matters?

We approach civil litigation strategically rather than mechanically. At the outset, we assess the legal merits, evidence, and commercial realities of the dispute, including costs, timelines, and enforcement prospects. Our focus is on advancing your position efficiently, whether through early resolution, targeted applications, or trial, rather than litigating unnecessarily. Each matter is handled with a clear strategy aligned to the client’s objectives.