Shukor Baljit & Partners

On the court record

Shukor Baljit & Partners appears in the reported judgments as a civil, construction and commercial-litigation practice, working mainly in the High Court (Mahkamah Tinggi) with a matter in the Court of Appeal (Mahkamah Rayuan) and appearing most often for defendants and respondents. Civil procedure is the most frequent theme in its corpus, including the assessment of damages on an undertaking as to damages given when an interlocutory injunction was granted, and a striking-out application against a claim founded on conspiracy. The firm also appears in arbitration, including an application to set aside an arbitral award under section 37(1)(a)(vi) and section 37(1)(b) of the Arbitration Act 2005, in a matter involving the Government of Malaysia. Its statutory-law and insolvency work includes a claim by the Employees Provident Fund against an association over contributions, and a company winding-up petition under sections 465(1)(e) and 466(1)(a) of the Companies Act 2016 in a matter involving an Islamic bank. Construction and negligence feature as well, including a claim that a party failed to exercise reasonable care during construction works and the duty of care owed, and the firm has appeared in an application for a stay of a decision of the Kuala Lumpur City Hall granting a development order. Its work also extends to interim injunctive relief pending the disposal of a suit, including a matter involving the communications and multimedia regulator. The counterparties in the corpus include statutory bodies, banks, construction companies and a football association. Acting predominantly for defendants and respondents, the firm presents as a litigator whose corpus centres on civil procedure, arbitration set-aside, insolvency and construction-negligence work, together with the administrative and injunction questions that arise around development approvals and regulatory action. The arbitration set-aside matter is a significant strand, since the grounds on which a court may set aside an award under section 37 of the Arbitration Act 2005 are deliberately narrow, and a party seeking to overturn an award must bring itself within one of them rather than reargue the merits.