Company mergers and acquisitions are regulated processes that may occur via a purchase of shares in a business or a takeover (voluntary, compulsory acquisitions, etc.). Legal assistance is preferable before the conclusion of a business takeover. Due diligence is important in these cases and one of our lawyers can help analyze the legal implications of the business takeover or merger. We can assist during the pre-transaction phase and with complete legal due diligence services, along with assistance for negotiation and agreement drafting.

Persons involved in a commercial litigation should know that the cases in which the claims are above the value of RM 1 million are dealt by the High Court of Malaysia. These cases are considered to be large commercial disputes. 

High Court in Malaysia is comprised of the following subdivisions:

•    criminal division;
•    civil division;
•    commercial division;
•    appellate and special powers division;
•    family division. 

Our attorneys can represent you in front of the commercial division in the situation of a commercial litigation case or commercial dispute which can be related to intellectual property disputes, insurance, contracts and many other aspects connected to the activities of a company.
 

As a consequence of the Arbitration Act in 2005, the court may want to settle the case through alternative dispute resolutions, such as mediation or arbitration; our Malaysian lawyers can offer you legal representation in any of the options decided in the court. 

Claims in litigations can be brought to the court within certain limits of time, established by the local legislation in accordance to the case:

•    disputes that arise from contracts or tort - 6 years;
•    enforcement of judgment - 12 years;
•    legal action to recover land - 12 years.

If you are interested in this matter, our law office in Malaysia can offer you further information. 
 

 

 

Our lawyers have a long experience in corporate and commercial litigation cases, with an emphasis on representing businesses, including foreign companies in Malaysia, in legal disputes.

 

The following list highlights the main areas of law in which we can assist you:

 

These are just some of the situations in which our team can be of help. Our litigation attorneys also have experience in business dissolution cases or commercial real estate disputes as well as non-compete agreements.
 

The court structure in Malaysia

Trial types

As a general fact, there are two types of trials: civil and criminal. First, there is Federal Court which hears appeals from the Court of Appeal. Then, the Court of Appeal hears, from the High Court, the appeals in relation to both criminal and civil matters. After that, the High Court is split into:

- Civil Jurisdiction,
- Criminal Jurisdiction,
- Appellate Jurisdiction.

Regarding the Civil Jurisdiction, the High Court administers all of the civil matters but, generally, it confines itself to the matters on which there is no jurisdiction from the Magistrates and the Sessions Courts.

The High Court may hear all matters on Criminal Jurisdiction but, generally, limits itself to offences where the Magistrates and Sessions Courts have no jurisdiction like, for example, offences that carry the death penalty.  Any law firm in Malaysia will specify that the Sessions Court may hear any of the civil matters involving motor vehicle accidents, distress actions and disputes between landlord and tenant etc. It may also hear any other matters in which the amount disputed does not exceed RM1,000,000.

Regarding the Appellate Jurisdiction, the High Court may hear appeals from the Sessions Courts and Magistrates, in both criminal and civil matters. The amount disputed in all of the civil matters must not exceed RM10,000 – except for when a question of law is involved.