Syukran Syafiq

Senior Associate

syukran@lcwpartnership.com

Syukran is a commercial litigator. He has been active in commercial litigation, construction disputes, international arbitration, fraud and asset recovery.

His experience includes acting for various companies in arbitrations and arbitration-related court proceedings such as interim relief in aid of arbitration and the setting aside of arbitral awards. He also has experience handling adjudication matters.

Syukran graduated from Oxford Brookes University and is a Barrister-at-Law (Inner Temple). Prior to joining Lim Chee Wee Partnership, he practiced as an associate in a leading dispute resolution firm in Malaysia.

Key Practice Areas
Corporate Litigation and Shareholder Disputes
  • Acted as junior counsel for a prominent food franchise in Malaysia in a corporate dispute between its shareholders and directors which involved its holding company and various subsidiaries.
  • Acted as junior counsel in a matter involving a series of complex corporate transactions involving the holding of shares in multiple companies where allegations of oppression, breach of a shareholders’ agreement and the law relating to just and equitable treatment of a shareholder.
Commercial Property Disputes
  • Acted as junior counsel for a registered proprietor of several parcel of a shopping complex against the joint management body for unpaid maintenance charges. The High Court found in favour of the registered proprietor and held that the joint management body’s claim, based on square foot, was in contravention of the Strata Management Act 2013, notwithstanding that parties had agreed to the calculation on square foot at the annual general meeting.
Commercial Litigation and Arbitration
  • Acting as junior counsel for Solutions Protocol Sdn Bhd in an arbitration against the Government of Malaysia in pursuing a contractual claim of over RM150 million in relation to the implementation of a hospital management system at numerous public hospitals nationwide.
  • Acted as junior counsel in a claim for damages against the Government of Malaysia following the expropriation of a concession agreement relating to the national system integrated project. The High Court awarded damages in the sum RM231 million: see Prestariang SKIN Sdn Bhd v Government of Malaysia [2024] MLJU 1698.
  • Acting as junior counsel in defending a claim by the Malaysian national electricity supplier for alleged trespass and damage cause to a submarine cable connected between Malaysia and Singapore.
  • Acted as junior counsel for a construction company in an appeal in the Federal Court which resulted in the landmark decision on whether the Construction Industry Payment and Adjudication Act 2012 is retrospective or prospective: see Ireka Engineering & Construction Sdn Bhd v PWC Corporation Sdn Bhd [2020] 1 MLJ 311.
  • Acted as junior counsel for a construction company in a dispute on whether the decision of the Federal Court in Ireka Engineering & Construction Sdn Bhd v PWC Corporation Sdn Bhd [2020] 1 MLJ 311 ought to be applied retrospectively or prospectively: see Majlis Perbandaran Kuantan v Kining Exeton Sdn Bhd [2021] MLJU 536.
  • Acted as junior counsel in appeal in the Federal Court in an appeal relating to the applicable test to be applied in respect of an application under Section 42 of the Arbitration Act 2005: see Far East Holdings Bhd & Anor v Majlis Ugama Islam dan Adam Resam Melayu Pahang and Other Appeals [2018] 1 MLJ 1.
  • Acted as junior counsel in an appeal concerning the effective date for an assessment of damages following the failure of parties to proceed with the sale a purchase agreement: see Lee Tiow Kee & Anor v Ng Geok Hwa [2017] 4 MLJ 92.
  • Acted as junior counsel in an appeal concerning the applicability and interpretation of Order 31 rule 1 of the Rules of Court 2012: see Lee Kheng Lian (as representative of the estate of Lee Geok Thye) & Anor v Lee Hai & Ors [2022] 6 MLJ 440.
  • Advised a public transportation owner and operator in respect of several local and international disputes.
  • Advised and acted for a construction company in respect of several disputes arising out of the LRT-3 Project.
Oil & Gas and Energy Disputes
  • Advising an oil and gas corporation on the impact of an arbitral award and its relationship with the State.
  • Advised and acted for an oil and gas corporation in a major dispute with the government of a constituent state of Malaysia. The dispute involved a claim for royalty payable for oil won and saved in the continental shelf off Malaysia.
  • Acted as junior counsel for an oil and gas company in an arbitration arising out of an agreement for the supply and maintenance of natural gas pipelines.
  • Acted as junior counsel for an energy company in an arbitration relating to the sale and supply of electricity in the east coast of Sabah.
Fraud and Asset Recovery
  • Acted as junior counsel 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.
  • Advised a defence contractor in respect of a cross-border fraud and corruption matter.
  • Advised a construction company in respect of an investigation by the Malaysian Anti-Corruption Commission against one of its directors.
  • Advised parties in various fraud disputes as to investigation and litigation strategy.
Regulatory Enforcement
  • Acted as junior counsel for the Securities Commission Malaysia to oppose a discovery application filed by an audit firm, Ernst & Young, seeking the discovery of SC’s internal investigations papers relating to the SC’s investigations on a former licensed fund manager, SJ Asset Management Sdn Bhd (SJAM).
  • Advised and acted for the Malaysian securities regulator in pursuing a statutory claim under section 360 of the Capital Markets and Services Act 2007 against companies and management personnel for their direct and/or indirect contributions to a company assuming the role of controller of a Capital Market Services Licence holder.
  • Advising the Securities Commission Malaysia on a civil enforcement action relating to various breaches of the securities laws.
Qualifications
  • Advocate & Solicitor, High Court of Malaya (2016)
  • Barrister-at-Law (Inner Temple) (2015)
  • M.A., Oxford Brookes University (2012)
  • L.L.B. (Hons), Oxford Brookes University (2011)
Publications and Talks

  • Co-authored the Chapter on Misrepresentation in Bullen & Leake & Jacob’s Malaysian Precedents and Pleadings (2017, 2020).
  • Co-authored the Malaysian chapter of the ICCA Handbook on Commercial Arbitration (2022).
  • Co-authored the Malaysia chapter on Arbitration in World Arbitration Reporter (2022).
  • Co-authored the Malaysian chapter on GAR Know How – Challenging and Enforcing Arbitration Awards (2022).

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