Representation in Corporate and Commercial Litigation
Updated on Monday 31st October 2016
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Persons who are involved in a litigation in Malaysia can address to one of the Malaysian courts, according to the type of case. Malaysia applies the rules and regulations available under the civil legal system based on common law. Being a multicultural country, Malaysia has a legal system that applies the Sharia law for Muslim citizens, but mostly in cases related to the family law. Our lawyers in Malaysia, with an extensive legal experience, can represent you if you are involved in a corporate or commercial litigation.
Court litigation in Malaysia
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. This type of 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.
Our lawyers in Malaysia invite you to watch a short video about commercial litigation:
Mediation and arbitration in Malaysia
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.
Commercial litigation lawyers
Cases with claims below RM 1 million are brought in front of the Sessions Court.
According to the local legislation, only the lawyers who have received a certificate issued under the legislation of the Legal Profession Act have the right to conduct cases in a Malaysian court, where the claims are larger than RM 1 million.
If you need further information on the commercial litigation in Malaysia, please contact our team of attorneys, who can offer to you legal representation.