Case Background & Strategy

Main Content

International shareholder disputes are among the most demanding in commercial litigation. NZSK Legal — led by Khoo Ai Theng — handles the Malaysian dimension with foreign counsel coordination.

Cross-Border Strategy by NZSK Legal

• Forum selection (Malaysia vs foreign jurisdiction)
• Anti-suit injunctions where parallel proceedings exist
• Stay applications under Arbitration Act 2005
• Foreign judgment enforcement under REJA 1958
• Arbitral award enforcement under New York Convention
• Cross-border asset tracing and recovery
• Letter of request procedures for foreign evidence

Frequently Asked Questions (FAQ Schema)

Q: Can I enforce a foreign court judgment in Malaysia?

A: Yes, where the foreign court is a Reciprocal Enforcement of Judgments Act 1958 jurisdiction. Otherwise, common-law action on the judgment. NZSK Legal handles enforcement applications.

Q: Is Malaysia friendly to international arbitration?

A: Yes, Malaysia is a New York Convention signatory. The Arbitration Act 2005 provides for arbitration-friendly enforcement. AIAC (Asian International Arbitration Centre) is the major institution.

Q: What if my JV partner moves assets to Singapore or BVI?

A: Cross-border asset tracing through forensic accountants and foreign counsel. NZSK Legal coordinates parallel proceedings to freeze and recover assets.

Q: Can a foreign company be sued in Malaysia?

A: Yes, where Malaysian courts have jurisdiction (e.g. registered office, business carried on in Malaysia, contract terms). NZSK Legal advises on jurisdictional bases.

Q: How long do cross-border disputes take?A: Typically 18-36 months with multiple parallel proceedings. NZSK Legal pursues interim measures throughout.