Muayyad Bin Khairulmaini
Muayyad is a commercial litigator experienced in matters in relation to domestic and international arbitration, competition law litigation, occupational health and safety, regulatory enforcement and fraud and asset recovery.
Muayyad has represented major Malaysian oil and gas companies in international arbitrations under the AIAC and SIAC Rules and has experience in arbitration-related court proceedings such as interim relief in aid of arbitration and the setting aside of arbitral awards.
He has also acted in matters for the Stock Exchange in initiating enforcement actions against listed issuers and/or their directors for breach of the various Listing Requirements. Muayyad currently acts as junior counsel for Malaysian regulatory agencies in opposing judicial review applications.
He also has experience in quasi-criminal litigation acting for major Malaysian companies in relation to occupational safety and health matters pertaining to alleged breaches of the, among others, Occupational Safety and Health Act 1994 and the Factories and Machineries Act 1967.
Muayyad graduated from Universiti Teknologi MARA and commenced his pupillage and practice in the dispute resolution team of one of the leading law firms in Malaysia. He then joined Lim Chee Wee Partnership when the firm was established. He was promoted to senior associate in September 2021.
Key Practice Areas
- International Arbitration
- Competition Law Litigation
- Occupational Safety & Health
- Regulatory Enforcement
- Commercial Litigation
- Fraud and Asset Recovery
- Currently acting for a major shipping company in the largest quantum of dispute under the AIAC Arbitration Rules in relation to the lease of a semi-floating production system. Assisted in obtaining adjudication decision in relation to claims of over RM1 billion. The issues of the dispute involve, among others, the non-payment of variation works under the contract and a counterclaim with regard to alleged defects.
- Assisted in acting for the subsidiary of a major intergrated oil and gas services company in an arbitration under the SIAC Arbitration Rules in a dispute in relation to the alleged breach of a charterparty agreement.
- Advised and acted as junior counsel for the world’s largest glove manufacturer in an arbitration under the SIAC Arbitration Rules in relation to an alleged fraud and conspiracy suit of more than RM700million.
- Currently acting for the Malaysian Competition Commission (“MyCC”) in opposing the appeals filed by, among others, the General Insurance Association of Malaysia and its members in relation to MyCC’s findings on the alleged infringements of the Competition Act 2010 on trade discounts on automotive parts prices and hourly labour rates for motor vehicle repairs by approved workshops. This dispute also involves a judicial review application filed by several Insurers challenging the Decision made by MyCC.
- Currently acting for MyCC in judicial review proceedings filed by, among others, Grabcar Sdn Bhd (“Grab”). Grab has sought to challenge MyCC’s proposed decision to fine Grab RM86.77 million to Competition Law breaches for abuse of dominant position.
- Currently acting for MyCC in challenging the Competition Appeal Tribunal’s decision which set aside MyCC’s fine of RM10 million against MAS and Air Asia which was imposed in relation to an alleged anti-competitive agreement entered into by both airlines in 2011.
- Acted for MyCC in successfully opposing MyEG’s application for judicial review, which seeks to set aside MyCC’s decision to fine MyEG a total sum of RM 9.46 million. MyCC had found that MyEG had abused its dominant position in the provision and management of online foreign workers permit renewals.
- Currently acting for MyCC in opposing the appeal filed by Dagang Net Technologies Snd Bhd (“Dagang Net”) in relation to MyCC’s findings that Dagang Net had abused its dominant position by engaging in exclusive dealing through the imposition of exclusivity clauses on software providers of the National Single Window.
- Successfully acted for the Malaysian Aviation Commission in opposing Judicial Review Applications filed by Air Asia Berhad and Air Asia X Berhad in relation to alleged breaches of the Malaysian Aviation Consumer Protection Code 2016.
- Acted as junior counsel for the Stock Exchange in initiating enforcement actions against listed issuers and/or their directors for breach of the various Listing Requirements pursuant to the Capital Markets and Services Act 2007.
- Currently acting as junior counsel for a fully integrated oil and gas company in relation to an alleged breach of the Occupational Safety and Health Act 1994. The dispute revolves around the duties and obligations of a main contractor over its sub-contractor at the worksite.
- Successfully acted as junior counsel for the subsidiaries of the world’s largest glove manufacturer in relation to alleged breaches of the Occupational Safety and Health Act 1994 and the Factories and Machineries Act 1967.
- Currently acting as junior counsel for a company in initiating judicial review proceedings against the Chief Minister and State Government of Sabah in relation to the issuance of Fresh Timber Licences pursuant to an executed Sale and Purchase Agreement. This dispute also involves a suit in the Kuala Lumpur High Court where the Court granted an injunction order restraining, among others, parties from acting on the purported termination of the aforementioned Sale and Purchase Agreement (see Pelangi Prestasi Sdn Bhd v Sabah Forest Industries Sdn Bhd & Ors  1 LNS 530).
- Acted as junior counsel for a registered parcel proprietor and the developer of 3 Two Square in relation to a dispute revolving payment of maintenance charges, sinking fund contributions and charges in relation to the maintenance of common property.
- Acted for the parcel proprietors of 1 Mont’ Kiara Development in an action against the Management Corporation in relation to the imposition of Maintenance and Sinking Fund charges and other issues of Malaysian Strata Law. (see Sodalite Sdn Bhd & Ors v 1 Mont’ Kiara dan Kiara 2 Management Corporation & Ors  7 CLJ 633)
- Advocate & Solicitor, High Court of Malaya (2017)
- LL.B. (Hons), Universiti Teknologi MARA (UiTM) (2016)
- Author, The Ghost of Section 42 of the Arbitration Act: Left in the Past or Looming in the Future, IGAB News Vol. 03, March 2021.
- Contributing Editor to the Malaysian Court Practice (Trial Courts), 2021.
- Co-Speaker, Webinar on Aviation Law: Aviation Disputes and Restructuring, CLJ, 2021.