Kwan Will Sen

Partner

Will Sen is one of the three founding partners of Lim Chee Wee Partnership. He is a litigator of more than 10 years standing, with more than 25 cases reported in law journals, covering various areas of law.

His practice focuses on commercial litigation and arbitration, fraud, asset recovery, competition law and aviation disputes.

He has been entrusted with high-value briefs, having among others, acted for a subsidiary of MISC Berhad, namely Gumusut-Kakap Semi-Floating Production System Labuan Limited, against a subsidiary of the Shell Group, in an arbitration involving a RM2.5 billion ringgit oil and gas dispute. Other high-value briefs include acting for Top Glove Corporation in a dispute of more than RM700 million and Ann Joo Steel Berhad in a land dispute with damages to be assessed of more than RM176 million.

In the area of fraud and asset recovery, Will Sen acts as lead counsel in a matter relating to fraudulent trading totalling RM40 million. He is also one of the lead partners in a fraud case involving a subsidiary of the Toyota Group, totalling RM179 million.

Will Sen has an extensive portfolio on regulatory enforcement work. This includes acting for the stock exchange, Bursa Malaysia, the Malaysian Aviation Commission (MAVCOM) and the Securities Commission Malaysia. Of particular note is the representation of the Securities Commission Malaysia in an ongoing civil action relating to the claim of around RM170 million, with regard to prohibited conduct of using manipulative and deceptive devices to allegedly defraud a public listed company.

Will Sen has a niche practice relating to occupational safety and health, environmental law, and other quasi-criminal related work as well. He defends companies and/or directors and other officers in criminal prosecutions and acting on claims for or defences against civil suits involving occupational safety and health claims.

Key Practice Areas
  • Commercial Litigation and Arbitration
  • Fraud and Asset Recovery
  • Capital Markets & Securities Law
  • Aviation Law
  • Competition Law Litigation
  • Occupational Safety & Health
  • Defamation
Commercial Litigation and Arbitration
  • Acted La Kaffa International Co Ltd (of Chatime) against Loob Holding Sdn Bhd (of Tealive), in an application for interim injunction in aid of an international arbitration, at the Singapore International Arbitration Centre (SIAC). This relates to a franchise dispute and issues on prohibition of a franchisee to operate a competing business upon termination of a franchise agreement. The Court of Appeal granted the client the injunction sought (see La Kaffa International Co Ltd v Loob Holding Sdn Bhd [2018] MLJU 703). The parties subsequently resolved the dispute out of Court
  • Acted for Ann Joo Steel Sdn Bhd at the Federal Court and successfully preserved the validity of a High Court Order from 1995, which was in dispute. The Federal Court had finally found that as the Order was valid in law, any challenge to it should have been done independently i.e. an application to set aside the said Order instead of framing it within a defence of another suit: see Ann Joo Steel Bhd v Penagarah Tanah dan Galian Negeri Pulau Pinang & Anor and another appeal [2020] 1 MLJ 689.
  • Acted against the Government of Laos in Court proceedings challenging an arbitral award (in excess of USD 50 million) made against Laos. The award arose from an energy dispute involving a power plant in Laos. See the Federal Court’s decision, Thai-Lao Lignite Co Ltd & Anor v Government of the Lao People’s Democratic Republic [2017] 9 CLJ 273.
  • Acted for the developer in the landmark Federal Court case of View Esteem Sdn Bhd v Bina Puri Holdings Bhd [2018] 2 MLJ 22. The case relates to an adjudication decision, and where the Federal Court provided its views on the interpretation of various provisions under the Construction Industry Payment Adjudication Act 2012 (CIPAA).
  • Acted in successfully applying for the appointment of interim receivers and managers in an oppression petition in order to protect the assets of the company from being disposed off by the impugned Liquidator. Succeeded at the High Court and Court of Appeal for orders under the oppression petition: see Drico Ltd v Drico (Water Specialist) Sdn Bhd & Ors [2011] 1 LNS 488, [2013] 1 LNS 1297.
  • Secured the largest ever adjudication decision in Malaysia and the largest quantum of dispute under the KLRCA Arbitration Rules to date with the quantum exceeding RM1.1 billion for Gumusut-Kakap Semi-Floating Production System Labuan Limited (GKL), a special purpose vehicle of MISC Berhad established for the construction and subsequent leasing of a Semi-Floating Production System for use at the GKL oilfield. The issues span from, among others, non-payment of variation works under the contract, the daily lease rate of the Asset and a substantial counterclaim with regard to alleged defects.
Fraud and Asset Recovery
  • Acting for Toyota Tsusho Malaysia Sdn Bhd in pursuing a claim for more than RM150 million against 20 defendants for alleged fraud, and to trace the monies and assets from the alleged fraud which have moved into different jurisdictions. Successfully obtained a worldwide Mareva freezing order for millions worth of assets over different jurisdictions, an Anton Piller search order on multiple locations, and multiple Bankers Trust discovery orders against banks to aid in the tracing the movement of monies thus far. Led a team made up of global forensic experts, intelligence companies and foreign lawyers, and assisted the client in their cooperation with law enforcement agencies in multiple jurisdictions.
  • Acted for Yanfull Investments Limited, a Hong Kong based company in successfully obtaining a judgment of HKD 40 million against four directors, based on fraudulent trading. The debt of HKD 40 million was supposedly due and owing by two companies, Indian Corridor Sdn Bhd and Pembangunan Qualicare Sdn Bdn to Yanfull. This arose out of a dispute in Hong Kong which emanated from a shareholders/ board room dispute in Malaysia involving Golden Plus Holdings Berhad. See China Idea Development Ltd v Ooi Kee Liang & Ors and another case [2020] 8 MLJ 527.
Capital Markets & Securities Law Litigation
  • Acted for the Stock Exchange in the landmark Court of Appeal decision of Tan Sri Dato’ Haji Lamin Mohd Yunus v Bursa Malaysia Securities Berhad [2012] 6 MLJ 182, where the Court held that the Stock Exchange’s Listing Requirements have statutory force (pursuant to the provisions under the Capital Markets and Services Act 2007) and thus, require strict compliance. The case arose out of a judicial review application by the directors of Golden Plus Holdings Berhad against the Stock Exchange’s decision to fine the directors for various breaches of the Listing Requirements of the Stock Exchange. See also the High Court’s grounds of judgment in Tan Sri Dato’ Haji Lamin Mohd Yunus v Bursa Malaysia Securities Berhad [2012] 7 MLJ 85.
  • Acted successfully for the Stock Exchange in the High Court case of Law Siew Ngoh v Bursa Malaysia Securities Berhad [2019] 7 MLJ 1, and the subsequent appeal to the Court of Appeal. These decisions set out and clarified the application of Section 360 of the Capital Markets and Services Act, where fines by the Stock Exchange against errant directors and listed issuers are concerned.
  • Acting for the Securities Commission Malaysia (SC) in a civil enforcement action for disgorgement and civil penalties totaling around RM171 million relating to the prohibited conduct of using manipulative and deceptive devices to defraud a public listed company.
Aviation Law
  • Acting for the Malaysian Aviation Commission (MAVCOM) to oppose judicial review proceedings filed by both AirAsia Sdn Bhd and AirAsia X Sdn Bhd. MAVCOM is an independent entity which acts to regulate economic and commercial matters relating to civil aviation in Malaysia. AirAsia, the world’s best Low-Cost Airline, was subjected to two separate fines of RM2 million for contravention of Malaysian Aviation Consumer Protection laws for failure to incorporate ‘processing fees’ into its base fare in the process of purchasing airline tickets.
  • Advising aviation leasing companies on matters pertaining to repossession of aircraft, delivery disputes, lease defaults, airline passenger claims, risk management and contractual issues.
Competition Law Litigation
  • Acted for MyCC in successfully opposing Grab’s leave for judicial review. Grab challenged MyCC’s proposed decision to fine Grab RM86.77 million (the largest ever) due to Grab’s competition law breaches for abuse of its dominant position. MyCC’s decision against Grab would have a major impact on Grab’s operations of its e-hailing services, and potentially affect its dominant position in the market
Occupational Safety & Health
  • Acting for an international oil and gas company in a prosecution against the company under Section 17 of the Occupational Safety and Health Act 1994.
  • Advised an international building materials manufacturer (specialising in cement), in respect of an explosion at its cement plant in Rawang, where there were three casualties. Assistance was provided in relation to investigations by the authorities, and crisis management.
  • Acting for a major international glove-making corporation in prosecution against the company under the Occupational Safety & Health Act 1994 and the Factories & Machinery Act 1967.
Defamation
  • Acted in the landmark Federal Court decision of Lee Yoke Yam v Chin Keat Seng, where the Federal Court decided that the contents of a police report attracts absolute privilege against defamation actions. See Lee Yoke Yam v Chin Keat Seng [2013] 1 MLJ 145.
Qualifications and Professional Affiliations
Qualifications
  • Advocate & Solicitor, High Court of Malaya (2010)
  • LL.B (Hons), Malaya (2009)
Publications and Talks
  • Co-authored the Malaysia Chapter of the “Encyclopaedia of International Commercial Litigation” by Wolters Kluwer, 2020.
  • Co-authored Halsbury’s Laws of Malaysia, Volume 26(2) (2020 Reissue) on “Occupational Safety & Health".
  • Co-authored the chapter on “Environmental Law” in Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings".
  • Contributing editor and co-author of “Annotated Statutes of Malaysia – Occupational Safety and Health Act 1994”.
Accolades
  • Ranked as a "Next Generation Partner" for Dispute Resolution - Legal 500 Asia-Pacific 2021
Members Of Our Firm