Raphael Kok Chi Ren

Partner

Raphael is a litigator specializing in shareholder disputes, international arbitration, energy disputes, and asset recovery. He has represented clients from a myriad of industries, including power generation, property development, estate plantation, retail distributorship, finance, telecommunications, shipping, healthcare, tourism, and sports.

In 2024, he acted for the successful appellants before the Malaysian Federal Court in its landmark rulings of Obata-Ambak Holdings Sdn Bhd v Prema Bonanza Sdn Bhd & Other Appeals [2024] 8 CLJ 519 (second actor theory in housing development contracts) and Low Cheng Teik & Ors v Low Ean Nee [2024] MLJU 2174 (dichotomy between oppression action and derivative action).

He regularly assists senior counsel from England and Singapore on multi-jurisdictional disputes. He is well-versed with the dispute resolution frameworks under public and private international law (ICJ, ICSID and UNCITRAL).

He also advises on emerging areas of law shaped by digital technologies, especially data privacy and online media regulation. In 2021, he assisted a self-made billionaire to secure an interim injunction to restrain an online news portal from publishing private information leaked from the infamous ‘Pandora Papers’.

In 2014, he was awarded the Best Malaysian In-House Lawyer of the Year by ASEAN Legal Business for his role as Shell’s corporate counsel overseeing the Asia-Pacific region. Since 2022, his critiques on international arbitration have regularly featured in high-indexed journals published by the Cambridge University Press (International & Comparative Law Quarterly) and Oxford University Press (ICSID Review and Arbitration International).

Key Practice Areas

Civil and Commercial Litigation
  • Acted as junior counsel in a Federal Court appeal to determine the applicability of its previous ruling in Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals [2020] 1 MLJ 281 to housing development contracts concluded prior to such ruling stipulating a completion period longer than the statutory-prescribed limit pursuant to the Housing Controller’s approval made under Regulation 11(3) of the Housing Development (Control and Licensing) Regulations 1989: see Obata-Ambak Holdings Sdn Bhd v Prema Bonanza Sdn Bhd & Other Appeals [2024] 8 CLJ 519.
  • Acted as junior counsel in a High Court trial to determine the true beneficial ownership of 114,575 acres of rubber estate lands valued over RM1 billion between a Malaysian statutory body and cooperative of smallholders: see Koperasi Ladang Pekebun-pekebun Kecil Malaysia Bhd v Pihak Berkuasa Kemajuan Pekebun-pekebun Kecil Perusahaan Getah [2014] 2 CLJ 711.
  • Acted as junior counsel in a protracted dispute between two property developers spawning several satellite suits in the High Courts of Kuala Lumpur and Shah Alam with one suit appealed until the Federal Court (involving the removal of private caveats and setting aside of consent orders): see Taipan Focus Sdn Bhd v Tunku Mudzaffar b Tunku Mustapha [2011] 1 MLJ 441.
  • Acted as junior counsel to defend a patent agent sued for professional negligence by a former client in a High Court trial, which involved difficult questions of law on the admissibility of an affidavit affirmed by a senior officer from the Intellectual Property Division passing away before taking the witness stand: see Tube Home (M) Sdn Bhd v P Shanmugam & Anor [2010] 10 CLJ 678.
  • Acted as junior counsel in the High Court until the Federal Court to contest a building contractor’s claim that retention sum is trust monies rather than a mere contractual debt: see Qimonda Malaysia Sdn Bhd v Sediabena Sdn Bhd [2011] 8 CLJ 269.
  • Acted as junior counsel to defend a sporting association sued for negligence by a pit crew member suffering horrific burns after being engulfed in fire due to a botched refueling exercise during a midnight race at Sepang International Circuit: see Jordan Saw Yu Huan v Low Suan Chuan & Ors [2013] 4 MLJ 137.
Corporate Litigation and Shareholder Disputes
  • Acted as junior counsel in a Federal Court appeal to determine the legal test to ascertain whether a shareholder’s complaint is actionable by way of oppression action or derivative action pursuant to Sections 347 and 348 of the Companies Act 2016: see Low Cheng Teik & Ors v Low Ean Nee [2024] MLJU 2174.
  • Acting as junior counsel in a Federal Court appeal to determine the legal test governing applications for leave to commence derivative action pursuant to Section 348 of the Companies Act 2016: see Dato’ Seri Timor Shah Rafiq v Nautilus Tug & Towage Sdn Bhd [2024] 3 MLJ 433.
  • Acted as junior counsel in a High Court trial in the successful recovery of shares in a hotel chain worth RM546 million: see Aset Nusantara Sdn Bhd v Ekran Berhad [2010] 7 AMR 197.
  • Acted as junior counsel in the successful defence against a claim by an insolvent developer against a land-owning vehicle and their common shareholders to recover payments made prior to the developer’s liquidation allegedly rendered void due to undue preference: see Indran Development Sdn Bhd (in liquidation) v Coralville Holdings Sdn Bhd & Ors [2011] MLJU 1445.
International Arbitration
  • Acting for the Government of Malaysia and instructing English King’s Counsel in an LCIA arbitration concerning a settlement agreement with a leading global investment bank arising from the fraudulent misappropriation of funds exceeding US$5.5 billion raised by a Malaysian state-owned enterprise.
  • Assisted an English King’s Counsel on a Privy Council appeal on whether winding-up proceedings of a joint venture company presented on just and equitable grounds is arbitrable and should be stayed pending arbitration: see FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation [2023] UKPC 33.
  • Assisted an English King’s Counsel on whether an English High Court judgement validating a London arbitral award can be registered in Malaysia under the Malaysian Reciprocal Enforcement of Judgments Act 1958 (as an alternative to directly enforcing the award under the Malaysian Arbitration Act 2005).
Oil & Gas and Energy Disputes
  • Advised a multinational energy company on claims exceeding US$50 million by a Malaysian joint venture partner on the revenue apportionment of a production sharing contract over a block off the coast of Sarawak.
  • Advised the trading units of a multinational energy company located across Singapore, Dubai, and London on charter-party and oil bunkering recovery claims (issuance of notice, port tracking and ship arrest).
  • Acted as junior counsel in a claim brought by a statutory pension fund to recover the sum of RM55 million invested into a failed coal mining plant project in Sarawak.
Fraud and Asset Recovery
  • Acting for a Malaysian state-owned enterprise in a multitude of civil claims against directors, banks, advisors and recipients involved in the fraudulent misappropriation of over US$5.5 billion of public funds.
  • Acted for a public-listed conglomerate in a civil suit and investigation by the Malaysian Anti-Corruption Commission on the mismanagement of governmental procurement contracts arising from the troubled ‘Littoral Combat Ship’ project under the Malaysian Ministry of Defence valued over RM9 billion.
  • Acted for a bank in a civil suit against its former Managing Director and numerous other facilitators involved in the fraudulent misappropriation of a RM400 million loan to finance a RM1.3 billion telecommunications project.
Data Privacy
  • Acted as junior counsel for a self-made billionaire to secure an interim injunction to restrain an online news portal from publishing private information leaked from the infamous ‘Pandora Papers’ supplemented by an anonymity order to seal all court documents from public viewing.
  • Acting as junior counsel in a civil suit to secure the safe migration and maintenance of critical IT infrastructure enabling over 200,000 companies and 23 governmental bodies to process applications of over 500,000 expatriates under the Malaysian TalentCorp program.
  • Advised prominent individuals on the removal of information over their private affairs from online news portals and Google search results (‘right to be forgotten’).
Qualifications and Professional Affiliations
  • Advocate & Solicitor, High Court of Malaya (2009)
  • LL.M., University of Malaya (2022)
  • L.L.B. (Best Graduating Student), University of Malaya (2008)
Publications and Talks
Authored the following journal articles (peer-reviewed):

  • ‘The Dichotomy between Jurisdiction and Admissibility in International Arbitration’ [2024] 73(2) International & Comparative Law Quarterly 417 (Cambridge University Press)
  • ‘Shareholder reflective loss: a bogeyman in investment treaty arbitration?’ [2023] 39(3) Arbitration International 425 (Oxford University Press)
  • ‘Vanishing Treaty Claims: Investors Trapped in a Temporal Twilight Zone’ [2023] 38(1) ICSID Review 140 (Oxford University Press)
  • ‘Corruption Allegations in International Investment Arbitration: It Takes Two to Tango, But the House Always Wins’ [2022] 2 AIAC ADR Journal 41
  • ‘How to Identify Insiders and Intruders Disguising as Investors in the Assignment of Investments’ [2022] 71(2) International & Comparative Law Quarterly 357
  • ‘Is There a Private Right to Privacy in Malaysia?’ [2022] 30(1) IIUM Law Journal 1
  • ‘Online Intermediary Liability in Malaysia: From Delfi to Malaysiakini’ [2021] 3 Malayan Law Journal cclxxx
  • ‘Suppressing Fake News or Chilling Free Speech: Are the Regulatory Regimes of Malaysia and Singapore Compatible with International Law?’ [2020] 47(1) Journal of Malaysian Comparative Law 25

    Co-authored the following book:

    • ‘Interlocutory Applications in Malaysia’ Sweet & Maxwell (2022)

      Presented the following talks:
       

      • ‘Dispute Resolution Mechanisms under the HAD (Act 118): What Developers Need to Know‘ Strata Management Act (Act 757) & Housing Development Act (Act 118) Workshop 2024 (Selangor) (25–26 September 2024)
      • ‘How to Win Interlocutory Applications 101’ Kuala Lumpur Bar Committee’s Young Lawyers Committee Night School (Virtual) (2 August 2023)
      • Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration’ FDI Moot Shenzhen (Virtual) (19 July 2023)
      • ‘Rethinking Data Protection in a Decentralized World & Consumer Rights: In Blockchain We Trust?’ Malaysian Blockchain Regulatory Report Launch and Forum (Kuala Lumpur) (5 July 2018)