Corporate & Commercial Litigation
Frequently Asked Questions
What is corporate or commercial litigation?Corporate and commercial litigation involves legal disputes arising from business and commercial relationships. This may include disputes between companies, shareholders, directors, business partners, or contractual counterparties, and often concerns issues such as breach of contract, mismanagement, unpaid debts, or enforcement of commercial rights.
Do all commercial disputes have to go to court?
No. Many commercial disputes are resolved through negotiations, settlement discussions, or alternative dispute resolution without proceeding to a full trial. Court proceedings are usually considered where disputes cannot be resolved amicably or where legal enforcement is necessary.
When can a company be wound up in Malaysia?A company may be wound up where it is unable to pay its debts, where there is a breakdown in management or shareholder relations, or where it is otherwise just and equitable for the company to be wound up. The most common ground relied on is insolvency, often evidenced by failure to comply with a statutory demand.
What is a shareholder oppression claim and when does it arise?In Malaysia, a shareholder oppression claim arises under Section 346 of the Companies Act 2016 when the affairs of a company are being conducted, or the powers of its directors are being exercised, in a manner that is oppressive, unfairly discriminatory, or prejudicial to the interests of a shareholder or debenture holder. This may include conduct such as misusing company assets, excluding a shareholder from management decisions, unfairly withholding dividends, or otherwise treating a shareholder’s rights as secondary to those of others.
The right to seek relief is not restricted only to minority shareholders, any member whose interests are adversely affected may apply to the court for appropriate remedies, which can include regulating the company’s future conduct, requiring the purchase of shares, or cancelling or varying transactions.
What areas of company and commercial litigation does your firm handle?Our firm handles a broad range of company and commercial litigation matters, including contractual and commercial disputes, debt recovery and enforcement, shareholder and director disputes, winding-up and insolvency proceedings, and related corporate litigation. We act in matters involving breach of contract, enforcement of guarantees, shareholder oppression, director liability, and disputes arising from business relationships. Our practice focuses on resolving disputes that affect the management, finances, and operations of businesses.
How does your firm approach corporate and commercial disputes?We approach corporate and commercial disputes with a strategic and commercially focused mindset. Our first priority is to understand the client’s objectives, assess legal and commercial risks, and determine whether the dispute can be resolved efficiently without unnecessary escalation. Where litigation is required, we prepare matters thoroughly and pursue them decisively, with careful attention to enforcement and practical outcomes. Our approach balances legal strength with commercial reality, ensuring that any action taken makes sense both legally and strategically.