Managing Partner Head – Litigation and Alternative Dispute Resolution

Managing Partner
Head – Litigation and Alternative Dispute Resolution

KOH YEW CHONG

  • Yew Chong practises in the area of commercial and corporate litigation, with special emphasis on banking law. In addition, he advises motor sports companies on the rules, regulations and ambit of motor sports laws (i.e. FIA International Sporting Codes and FIA International Court of Appeal). He also advises companies on laws relating to industrial relations, corporate litigation (capital reduction, schemes of arrangements as well as advisory matters) and construction law (primarily with regards to highway concessions and acquisitions) -inclusive of arbitration.

  • Yew Chong was an ASEAN Scholar and completed his “O” Levels and “A” Levels at Raffles Institution, Singapore and Raffles Junior College, Singapore respectively.

    Thereafter, he completed his tertiary education in the United Kingdom and graduated with a Bachelor of Laws (Hons) from the University of Wales, United Kingdom. He was admitted as an Advocate & Solicitor of the High Court of Malaya in 1995.

    Yew Chong obtained his Certificate of Mediation from The Accord Group, Australia in 2009.

  • Prior to practising law, Yew Chong worked as a legal adviser in one of the nation’s leading financial institutions.

    Yew Chong is also a certified mediator having completed his Mediation Training Course and obtained his Certificate of Mediation from The Accord Group, Australia in 2009 and has now qualified for Associate Membership of the U.K. Chartered Institute of Arbitrators.

    Yew Chong currently sits as a Certified Mediator on the panel of the Malaysian Mediation Centre.

    Yew Chong has since 2008, by appointment of the Advocates and Solicitors Disciplinary Board, chairs and sits on the Advocates and Solicitors Disciplinary Committee to hear complaints as against Advocates and Solicitors of Malaysia.

    In 2012, Yew Chong was appointed as a Notary Public by the Attorney General’s Chambers of Malaysia.

    In the same year, Yew Chong formed the firm of Koh Yew Chong & Partners, a boutique firm located in Menara 1MK in the heart of Mont Kiara, Kuala Lumpur.

    Yew Chong has also been listed by The Legal 500, Asia Pacific 2012as ‘a good advocate, with impressive interpersonal and negotiation skills’, particularly for banking litigation. He acted for the defendant in The Ayer Molek Company v Pengurusan Danaharta Nasional [Dispute resolution].

    Yew Chong has also been mentioned in The Legal 500, Asia Pacific 2013 and had in November 2012 received the accolade of being one of the Recommended Lawyers on The Legal 500 (2013) listing.

  • Yew Chong has acted for most of the major financial institutions of the country and also the country’s national asset management company in advisory, employment and litigious matters and has also advised several listed companies.

    Yew Chong was also the main Partner heading the Retail / Commercial Banking Recovery Unit in his previous firm and has personally dealt with the respective heads and personnel of the recovery units of Public Bank Berhad, Hong Leong Bank Berhad, CIMB Bank Berhad, AmBankBerhad and also RHB Bank.

    Yew Chong also specialises in land advisory with special emphasis on land acquisition and highways. Yew Chong advises and acts for several of the Highway Concessionaire namely, the New Pantai Expressway (NPE), Lebuhraya Kajang Seremban (LEKAS), Besraya (M) Sdn Bhd and  Lingkaran Trans Kota Sdn Bhd (LITRAK) in highway related advisory and litigation matters.

    Yew Chong also assisted in the drafting of “The Littler Mendelson Guide to International Employment and Labor Law, Second Edition 2011 Supplement – Malaysia” and also the review of the 2012, 2013, 2014, and 2015 edition of the “The Littler Mendelson Guide to International Employment and Labor Law – Malaysia”.

    Yew Chong also acted as Malaysian Local Counsel and provides advisory assistance to the firm of Freehills since 2010 on Malaysian employment and labour law issues. After the merger of the legal firms of Freehills and Herbert Smith, Yew Chong now acts as Malaysian Local Counsel for Herbert Smith Freehills and also assists Herbert Smith Freehills in local counsel sign-offs.

    Amongst Yew Chong’s notable cases are:

    • In 2013:
      • Advised and reviewed the Co-Promoter Agreement for the Co-Promoter and Sepang International Circuit Sdn Bhd for the Malaysian Merdeka Endurance Race (MMER) 2013;
      • Was Counsel for a major financial institution wherein an application for a Mareva Injunction was successfully obtained by us against the company;
      • Was Counsel for RISDA in the Court of Appeal in relation to a corporate dispute.
    • In 2012:
      • Was Co-Counsel in a suit instituted by a major financial institution against the land authorities for wrongful forfeiture of their charged lands;
      • Successfully defended FIMA Corporation in the Court of Appeal in a suit instituted against them by CIDB;
      • Represented LITRAK in their on-going dispute with a corporate developer;
      • Represent and assisting NPE in their on-going matters with a local authority;
      • Represented DanauPermai ResortsBhd in a suit against their golf club, Kota Permai Golf and Country Club;
    • In 2011:
      • Represented the country’s national asset management company in suit by a municipality council for the recovery of the assessment;
      • Represented/defended the country’s national asset management company in a suit by a listed company in the Federal Court;
      • Represented the highway concessionaire Lebuhraya Kajang-Seremban Sdn Bhd (LEKAS) in the Court of Appeal with regards to the interpretation of “paymaster”;
      • Represented Sepang International Circuit in their contractual dispute and eviction of their errant tenants;
      • Provided advisory assistance in relation to land matters and claims with regards to native land in Sarawak for TH Plantation Berhad;
    • In 2010:
      • Was Counsel for Sapura Crest Petroleum Berhad in a litigation dispute between them and Sime Darby Engineering Sdn Bhd and TL Offshore Sdn Bhd relating to the construction of an oil refinery;
      • Was Co-Counsel in case before the Federal Court whereby clarification was sought from the Federal Court to resolve inconsistencies in two judgments made by Federal Court panels over the interpretation of the provisions of Section 96 of the Courts of Judicature Act 1964 (CJA) relating to leave application. The Federal Court convened a special panel of five judges, led by Chief Justice Tun Zaki Azmi, was set up to answer the matter relating to the leave application made by the senior lawyers in the case Terengganu Forest Products Sdn Bhd vs Cosco Container Lines Co.Ltd and Chung Chiao Shipping Sdn Bhd and five other cases. Sitting with Tun Zaki were Court of Appeal President Tan Sri Alauddin Mohd Sheriff, Chief Judge of Malaya Tan Sri Arifin Zakaria, Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court Judge Tan Sri Zulkefli Ahmad Makinudin;
    • In 2009:
      • Was leading Counsel for the then Malaysian Ferrari franchise holder, Next Car SdnBhd and successfully defended the franchise holder against allegations of detinue and conversion in both the High Court and the Court of Appeal;
      • Was leading Counsel for Telekom Malaysia Berhad in the Court of Appeal and successfully defended Telekom wherein Telekom had to defend an appeal brought by an Appellant who was dissatisfied by the decision of the High Court pertaining to a land dispute brought about by a share sale transaction dispute involving a plantation.
    • In 2006 / 2007:
      • Was part of the team that assisted the Ministry of Sports and the Malaysian Motorsports Commission in the formation and creation of the Motorsports Association of Malaysia (MAM);
    • In 2002:
      • Advised Sepang International Circuit on issues relating to the Federation Internationale de l’Automobile (FIA) International Sporting Code and Appendices;
    • In 2001:
      • Represented TenagaNasionalBerhad (“TNB”) in a dispute involving the acquisition of land pursuant to the Electricity Supply Act for the National Grid and successfully obtained injunctive reliefs for and on behalf of TNB;
    • In 2000:
      • Was part of the team that represented SIC in a matter relating to a dispute brought before FIA International Court of Appeal, Federation Internationale de l’Automobile in Paris.

    Besides being an active practitioner, Yew Chong often delivers lectures and seminar papers on current aspects of Banking recovery procedures & Islamic Banking for the purposes of training banking personnel. He is also a qualified Mediator and is on the panel of the Bar Council Malaysian Mediation Centre.

    Yew Chong has also served in several committees of the Malaysian Bar Council, including the Sports Committee (from 1996 to 2004), Charity & Welfare (from 2000 to 2003) and the Kuala Lumpur Bar Committee Sports Committee (from 1996 to 2006, 2009).