Kwan Will Sen
About Kwan Will Sen
Kwan Will Sen appears as counsel of record in 5 reported Malaysia judgments (2024–2026). These were heard before MYHC (4) and MYCOA (1).
On the court record
Kwan Will Sen's reported practice is in commercial litigation, arbitration and regulatory public law, with a notable line of competition-law work, argued in the High Court and the Court of Appeal. Across the matters he acts for plaintiffs, appellants and respondents.
His arbitration work includes a Court of Appeal matter concerning Gumusut-Kakap Semi-Floating Production System (Labuan) Limited and Sabah Shell Petroleum Company Limited, where he acted for the appellant on the enforcement of an arbitral award under section 39 of the Arbitration Act 2005 and the corresponding application to set it aside under section 37, engaging the grounds in those provisions and the relevant articles of the arbitral rules.
A distinct strand is competition and regulatory judicial review. Acting for a respondent, he was involved in a High Court judicial review concerning Dagang Net Technologies Sdn Bhd, which had been found by the competition authority and the Competition Appeal Tribunal to have abused a dominant position as the sole provider of the National Single Window trade-facilitation system. In a separate judicial review concerning the SAL Agencies group he appeared on whether the applicants had entered into an anti-competitive agreement contrary to section 4 of the Competition Act and whether they had been denied the right to be heard.
He also acts in regulatory enforcement and civil procedure. Appearing for a plaintiff, the Securities Commission (Suruhanjaya Sekuriti Malaysia), he was engaged on leave to commence committal proceedings for contempt, on whether a prima facie case of contempt was established, whether a penal notice was a mandatory prerequisite, and whether interference with a court order amounted to contempt. He has also acted on a transfer of proceedings under Order 57 of the Rules of Court 2012, on jurisdictional nexus, natural forum and the risk of forum shopping. The practice is commercial, arbitration and competition litigation.
How many cases has Kwan Will Sen appeared in?
Kwan Will Sen appears as counsel of record in 5 reported Malaysia judgments (2024–2026).
Which courts does Kwan Will Sen appear in?
Kwan Will Sen appears before MYHC (4) and MYCOA (1).
What are Kwan Will Sen's main areas in these decisions?
Commercial litigation, arbitration and regulatory public law, including competition law. His matters include an arbitral-award enforcement and set-aside appeal concerning Gumusut-Kakap Semi-Floating Production System (Labuan) Limited and Sabah Shell Petroleum Company Limited, competition judicial reviews concerning Dagang Net Technologies Sdn Bhd and the SAL Agencies group, and a contempt matter brought by the Securities Commission.
What was the arbitration matter about?
Acting for the appellant, he was engaged on the enforcement of an arbitral award under section 39 of the Arbitration Act 2005 and the application to set it aside under section 37, in a Court of Appeal matter concerning Gumusut-Kakap Semi-Floating Production System (Labuan) Limited and Sabah Shell Petroleum Company Limited.
What competition-law issues has he litigated?
They include a judicial review concerning Dagang Net Technologies Sdn Bhd, found to have abused a dominant position as the sole provider of the National Single Window system, and a separate judicial review concerning the SAL Agencies group on whether the applicants had entered into an anti-competitive agreement contrary to section 4 of the Competition Act and whether they had been denied the right to be heard.