Cecil Abraham & Partners

We are proud to announce that our Partner, Dato' Sunil Abraham, has been invited as a speaker at Offshore Disputes Week 2025, taking place from 24 - 26 March 2025 at the Hotel Indigo Grand Cayman. Sunil will be sharing his insights on the panel "Delving Into the Recovery of Assets in Offshore Jurisdictions" on: 🔵 Challenges with recovering assets across jurisdictions 🔵 Avoiding legal pitfalls in offshore recovery 🔵 Tips on successfully enforcing judgments to secure assets This prestigious event brings together leading minds in offshore litigation and arbitration, and we are delighted to see Sunil representing the firm on this global stage. If you intend to attend this event, feel free to use our Speaker Discount Code to enjoy a discounted rate. Registration for the event is available at https://lnkd.in/d2uwUrc7. #OffshoreDisputesWeek #CecilAbrahamPartners #AssetRecovery #DisputeResolution #Arbitration

𝐂𝐚𝐧 𝐀𝐈 𝐫𝐞𝐬𝐡𝐚𝐩𝐞 𝐭𝐡𝐞 𝐟𝐮𝐭𝐮𝐫𝐞 𝐨𝐟 𝐚𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧?  We recently hosted the Delos-Y Tea Break event in collaboration with Delos Dispute Resolution.   Our Partner Dato’ Sunil Abraham moderated the event alongside fellow moderators Raphael Ren and Lilien W. Our associate Eng Yi Chia joined an esteemed group of young legal experts as a speaker in a World Café style discussion to explore the transformative role of AI in arbitration. As part of our organising committee, Nur Fathin Farrisya Md Noor shares her key takeaways from the event: The interactive session saw the speakers engage with participants through fresh perspectives and engaging questions, while moderators guided the conversations for a balanced and productive dialogue. Topics explored included:  🔸 Ethical and practical challenges of AI in arbitration  🔸 The impact of AI on access to justice  🔸 Preparing young lawyers with essential skills for an AI-driven future  🔸 Balancing human expertise with AI-driven efficiency  This focused session highlighted the importance of understanding how technology is reshaping the legal field and the vital role it plays in preparing young lawyers to meet the challenges and opportunities ahead. Special thanks to Rina See, co-chair of Delos-Y for hosting this one-of-a-kind event with us here in #KualaLumpur! Our heartiest appreciation to all those who contributed towards the success of this event. *Photo credit: Delos-Y    #ArtificialIntelligence #InternationalArbitration #YoungLawyers #FutureofLaw #Arbitration #DisputeResolution #WorldCafe #KnowledgeSharing 

Cecil Abraham & Partners is delighted to announce that we have been recognised in the Chambers and Partners Asia-Pacific Guide 2025 for the 9th year running! A special congratulations to Tan Sri Dato’ Cecil Abraham for his outstanding achievement of being ranked in Band 1 in Dispute Resolution. We also applaud Rishwant Singh and Dato’ Sunil Abraham for receiving recognition for their exceptional work in the area of Dispute Resolution. Their dedication and expertise in the field have strengthened our firm's reputation for excellence.  We truly appreciate the trust and support of our clients and the legal community. This recognition inspires us to continue delivering strategic solutions while upholding the highest standards of professionalism. #CecilAbrahamAndPartners #ChambersAndPartners #ChambersAsiaPacific2025 #DisputeResolution #LegalExcellence #AsiaPacific 

This article explores the application of Sections 43 and 44 of the Courts of Judicature Act (CJA) 1964, focusing on the Court of Appeal’s decision in 𝘚𝘪𝘭𝘷𝘦𝘳 𝘊𝘰𝘯𝘤𝘦𝘱𝘵 𝘚𝘥𝘯 𝘉𝘩𝘥 𝘷 𝘉𝘳𝘪𝘴𝘥𝘢𝘭𝘦 𝘙𝘢𝘴𝘢 𝘋𝘦𝘷𝘦𝘭𝘰𝘱𝘮𝘦𝘯𝘵 𝘚𝘥𝘯 𝘉𝘩𝘥.  Sections 43 and 44 of CJA regulate how and where parties may apply for interim relief during appellate proceedings, but varying interpretations have sparked a debate over whether the Court of Appeal has original jurisdiction in such matters. Given the varying interpretations, there is a need for the Court of Appeal to re-examine the previous cases, and provide clarity on these provisions. To read the full analysis by Tan Sri Cecil Abraham, Dato’ Sunil Abraham and Muzalifah Shabudin, please see the attached article or visit: https://lnkd.in/gskpqcVV. 

We are pleased to host the upcoming Delos-Y Tea Break:  “𝑬𝒎𝒃𝒓𝒂𝒄𝒊𝒏𝒈 𝑨𝑰 𝒊𝒏 𝑰𝑨: 𝑶𝒑𝒑𝒐𝒓𝒕𝒖𝒏𝒊𝒕𝒊𝒆𝒔 𝒂𝒏𝒅 𝑪𝒉𝒂𝒍𝒍𝒆𝒏𝒈𝒆𝒔 𝒇𝒐𝒓 𝒀𝒐𝒖𝒏𝒈 𝑳𝒂𝒘𝒚𝒆𝒓𝒔”, in partnership with Delos-Y and co-chaired by Rina See. This World Café style discussion will tackle the evolving role of Artificial Intelligence (AI) in international arbitration. The session features our Partner - Dato’ Sunil Abraham, who will moderate discussions alongside Raphael Ren (Lim Chee Wee Partnership (LCWP)) and Lilien W. (Shearn Delamore & Co.), on how AI is transforming the landscape for young arbitration practitioners. Panel speakers include: Agesh Krishendra (Zul Rafique & Partners), Carissa How (Gan Partnership 颜合伙律师事务所), Eng Yi Chia (Cecil Abraham & Partners), Ji En Lee (Chambers Lab), Marc Adrian Emuang (Raja, Darryl & Loh), Sanjev Sharma (Asian International Arbitration Centre (AIAC)’s Young Practitioners’ Group), Sean Ferdinand Ng (Donovan & Ho) & Thomas Shaun Mathews (Mohanadass Partnership). Details:  🗓️ Date: Thursday, 28 November 2024  ⏰ Time: 3:00 PM  📍 Venue: AIAC, Seminar Room, Bangunan Sulaiman, Jalan Sultan Hishamuddin, 50000 Kuala Lumpur  ️🖋 Register here: https://lnkd.in/gb9pqDwi Register now and join us for a dynamic conversation on how AI is shaping the future of international arbitration.

In this article written by Tan Sri Dato' Seri Cecil Abraham, Dato' Sunil Abraham, Muzalifah Shabudin and Irwan Ismail, we examine the Federal Court of Malaysia’s landmark decision in 𝘛𝘦𝘨𝘢𝘴 𝘚𝘦𝘫𝘢𝘵𝘪 𝘚𝘥𝘯 𝘉𝘩𝘥 𝘷 𝘗𝘦𝘯𝘵𝘢𝘥𝘣𝘪𝘳 𝘛𝘢𝘯𝘢𝘩 𝘥𝘢𝘯 𝘋𝘢𝘦𝘳𝘢𝘩 𝘏𝘶𝘭𝘶 𝘓𝘢𝘯𝘨𝘢𝘵 & 𝘈𝘯𝘰𝘳. This ruling emphasised the importance of greater transparency in land acquisition proceedings under the Land Acquisition Act 1960. Some key highlights from the judgment include:    [1] 𝐎𝐩𝐞𝐧 𝐜𝐨𝐮𝐫𝐭 𝐫𝐞𝐪𝐮𝐢𝐫𝐞𝐦𝐞𝐧𝐭: As stipulated under Section 45 of the Land Acquisition Act, the Court held that such proceedings should be conducted openly.  [2] 𝐒𝐭𝐫𝐮𝐜𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐜𝐞𝐬𝐬 𝐟𝐨𝐫 𝐋𝐚𝐧𝐝 𝐑𝐞𝐟𝐞𝐫𝐞𝐧𝐜𝐞 𝐩𝐫𝐨𝐜𝐞𝐞𝐝𝐢𝐧𝐠𝐬: The Court provided a structured framework for the conduct of Land Reference Proceedings in so far as the role of the Assessors are concerned.   [3] 𝐓𝐫𝐚𝐧𝐬𝐩𝐚𝐫𝐞𝐧𝐜𝐲 𝐚𝐧𝐝 𝐀𝐜𝐜𝐞𝐬𝐬𝐢𝐛𝐢𝐥𝐢𝐭𝐲: The Court mandated that the assessors’ written opinions be included as part of the formal record. To read the full analysis, please see the attached article or visit: https://lnkd.in/gxeFEi2C

We were honoured to sponsor the “GC Roundtable with Toby Landau KC”, hosted by the Asian International Arbitration Centre , Inns of Court Malaysia, Chambers Lab and David Grief International Consultancy. The discussion, led by Toby Landau KC and moderated by Rishwant Singh, offered General Counsel (GCs) a valuable platform to engage in in-depth discussions on practical issues that arise in cross-border disputes and international arbitration. The topics discussed ranged from techniques for crafting arbitration agreements to conflicts of laws, confidentiality mechanisms, choice of arbitrators, and even sovereign immunity issues. Held under Chatham House rules, everyone was able to share their experiences and concerns in an open and candid manner. We would like to thank all attendees for their active participation, and we look forward to hosting more engaging discussions in the future! 

📢 𝐒𝐞𝐦𝐢𝐧𝐚𝐫 𝐑𝐞𝐜𝐚𝐩: 𝐔𝐧𝐥𝐨𝐜𝐤𝐢𝐧𝐠 𝐭𝐡𝐞 𝐅𝐮𝐭𝐮𝐫𝐞 𝐨𝐟 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 📢   Yesterday evening, we had the privilege of participating in an insightful seminar titled "𝐔𝐧𝐥𝐨𝐜𝐤𝐢𝐧𝐠 𝐭𝐡𝐞 𝐅𝐮𝐭𝐮𝐫𝐞 𝐨𝐟 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧", jointly hosted by CIArb Malaysia Branch and the Asian International Arbitration Centre (AIAC) the AIAC auditorium. (relevant mentions will be tagged)   The event featured a distinguished panel, including our very own Senior Partner, Tan Sri Dato' Cecil Abraham. Joining him were Justice Dato' Lim Chong Fong (Judge of the Court of Appeal of Malaysia), Ms Shanti Abraham (Honorary Secretary of CIArb Malaysia and Partner at Messrs Shanti Abraham & Associates). The session was moderated by Ms Crystal Wong Wai Chin (Chair of CIArb Malaysia and Partner at LHAG).   Key highlights from the seminar included:   ▪ 𝐓𝐚𝐧 𝐒𝐫𝐢 𝐃𝐚𝐭𝐨' 𝐂𝐞𝐜𝐢𝐥 𝐀𝐛𝐫𝐚𝐡𝐚𝐦: Discussed the evolving landscape of public international law, the impact of bilateral international treaties, and the pivotal role arbitration plays in resolving cross-border disputes.   ▪ 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐃𝐚𝐭𝐨' 𝐋𝐢𝐦 𝐂𝐡𝐨𝐧𝐠 𝐅𝐨𝐧𝐠: Shared his dual perspectives from the bench and the bar, providing a rich narrative on arbitration-related disputes. His background as a quantity surveyor added unique insights into the discussions.   ▪ 𝐌𝐬 𝐒𝐡𝐚𝐧𝐭𝐢 𝐀𝐛𝐫𝐚𝐡𝐚𝐦: Emphasised the significance of mediation in alternative dispute resolution. She highlighted innovations like the arb-med-arb protocol, showcasing their potential benefits and their value as essential tools in the dispute resolution process.   We extend our heartfelt thanks to the CIArb Malaysia and the AIAC for organising this event and to all the esteemed panelists and attendees for their valuable contributions. The seminar underscored the dynamic future of arbitration and the continuous innovations shaping its practice.   Stay tuned for more updates on our firm's involvement in advancing the field of arbitration!   #CecilAbrahamAndPartners #CIArb #AIAC #Arbitration #AlternativeDisputeResolution #Mediation #PublicInternationalLaw

There has been a new development to the ongoing legal proceedings in relation to the alleged Musang King farmers in Raub, Pahang since the order handed down by a single judge of the Court of Appeal in May 2024. (reference: https://lnkd.in/gUyy6H26)   On 19th July 2024, the Court of Appeal, consisting of a quorum of three judges (namely, Justice Che Mohd Ruzima Bin Ghazali, Justice Collin Lawrence Sequerah and Justice Noorin Binti Badaruddin), set-aside and discharged the Order dated 28th May 2024 handed down by a single judge of the Court of Appeal (i.e. Justice Lee Swee Seng).   As such, the Court of Appeal has declined to grant the purported farmers any right to enter State Land or the Forest Reserve in the District of Raub, State of Pahang to continue to grow, maintain or cultivate #durian trees as well as sell durian fruits pending the purported farmers substantive appeals before the Court of Appeal.   The Court of Appeal has therefore accepted the arguments that the Firm advanced on behalf of Royal Pahang Durian Resources PKPP Sdn Bhd (i.e. the 6th Respondent) in opposing the stay applications filed by the purported farmers pursuant to Section 44(3) of the Courts of Judicature Act 1964.   Our team on the matter includes Tan Sri Dato’ Cecil Abraham, Dato’ Sunil Abraham, Muzalifah Shabudin, Irwan Ismail and JING WEN YAP.   Read more at https://lnkd.in/gmC_jEGD #litigation #court #appeal #CecilAbrahamPartners #legalproceedings

We are thrilled to announce the publication of our latest article, "Litigation: Malaysia" featured in the esteemed Global Arbitration Review. This insightful piece is co-authored by our colleagues Muzalifah Shabudin, Irwan Ismail, Eng Yi Chia, and JING WEN YAP. In this article, our team provides an in-depth analysis of the litigation landscape in Malaysia, exploring recent developments, key challenges, and strategic considerations for navigating disputes effectively. This article was first published on Global Arbitration Review in May 2024; for further in-depth analysis, please visit the GAR Know-how Litigation at https://lnkd.in/dM5hG4nA. #Litigation #Malaysia #GAR #CecilAbrahamPartners #DisputeResolution