AmerBON

On the court record

AmerBON is a Malaysian firm whose reported matters cross the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan), combining commercial and arbitration litigation with criminal defence and public-law work. In the commercial field it has appeared in a substantial claim over a marine-sand concession and dredging operations, where the dispute turned on payment obligations, a deposit and mobilisation fee, and allegations of fraudulent misrepresentation by directors as to the fitness of a dredger and the suitability of the concession. Its arbitration work includes appeals concerning the applicability and proper interpretation of an arbitration clause and an exclusive-jurisdiction clause against a third-layer subcontractor who had been assigned the rights and terms of a subcontract.

The firm's public-law and criminal practice is notable. It has appeared in constitutional and civil-liberties litigation under the Peaceful Assembly Act 2012, acting in a matter where a district police officer had imposed a total prohibition on a march, raising whether that prohibition was ultra vires and violated rights under the Federal Constitution, alongside a claim for the tort of false imprisonment. On the criminal side it has argued an application under section 417 of the Criminal Procedure Code to transfer a case charged under section 17 of the Malaysian Anti-Corruption Commission Act 2009 from the subordinate court to the High Court, and it has defended a drug-trafficking appeal under section 39B(1)(a) of the Dangerous Drugs Act 1952, where the identity of the drugs forming the subject matter of the charge had to be proved beyond reasonable doubt. In a separate criminal proceeding involving child offenders the firm engaged Exception 4 to the culpable-homicide provisions of the Penal Code and a sentence framed under section 304(a), where the court weighed the interests of the children against the public interest in fixing the disposition. The reported profile is that of a broad practice equally engaged with commercial arbitration, constitutional and assembly rights, and serious criminal and anti-corruption matters, reflecting a litigation team that operates across the civil, public-law and criminal courts.