Lee Shih

On the court record

A corporate, insolvency and arbitration litigation practice under the Companies Act 2016 and the Arbitration Act 2005.

Lee Shih practises in corporate, insolvency and arbitration litigation, appearing across the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan), with the reported decisions recording appearances as defendant, appellant, applicant and intervener. Company law is central: the reported matters engage the Companies Act 2016, including the prohibition in "section 123" concerning particular corporate transactions, and related provisions in sections 116 and 117 governing corporate conduct and remedies.

Arbitration is a distinctive strand: the reported matters engage the Arbitration Act 2005, including the stay of court proceedings in favour of arbitration and the enforcement and setting aside of awards. There is also contract work and a set of related appeals arising from a single underlying dispute, together with employment-related questions. Appearing on both sides of the record and as intervener, the practice is instructed in substantial corporate and commercial disputes, including matters where a third party's interest requires it to be heard.

The work turns on the interpretation of the Companies Act and of arbitration agreements and on the principles of civil procedure. In the company matters the argument concerns the prohibitions and remedies the Act imposes and the rights of members and creditors; in the arbitration matters whether a dispute must be referred and how an award is challenged; and in the intervener matters whether a third party has a sufficient interest to participate. The reported reasons frequently address the boundary between litigation and arbitration and the operation of the corporate statute.

The overall profile is a corporate, insolvency and arbitration litigation practice conducted at first instance and on appeal. The matters turn on the Companies Act 2016, the Arbitration Act 2005, and the principles governing intervention and civil procedure, rather than on any criminal or public-law dimension, marking a practice concentrated on corporate disputes and the arbitration and insolvency questions that arise around them.