Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

Skrine’s banking and finance capabilities, though eclipsed by its corporate practice, is still highly regarded by clients who describe it as efficient and professional. In March 2009, the firm secured a landmark decision for Bank Islam Malaysia Berhad. The decision stated that Bai Bithaman Ajil (BBA) contracts were valid and binding as a mode of Islamic finance.

Skrine’s corporate department is one of the most highly recommended in the Malaysian market. As such, the firm is present on high-value and innovative deals.

Recent work includes being instructed by German firm Gleiss Lutz to advise Robert Bosch, the world’s largest supplier of automobile components, on the sale of the Blaupunkt brand car radio business to Munich industrial holding company Aurelius. As well as documenting the Malaysian aspects of the deal, Skrine helped to set up a new company to make the purchases and to obtain business transfer licences.

The firm was also instructed by Slaughter and May to act as Malaysian counsel to Alliance & Leicester on Banco Santander’s acquisition via a scheme of arrangement. The deal was worth £1.2 billion (US$1.9 billion).

The firm comprises a number of the market’s most sought-after corporate practitioners. Janet Looi and Quay Chew Soon are both singled out by clients for their responsiveness and deep knowledge of corporate law. Meanwhile, practice head Chen Kah Leng is equally well regarded.

Skrine has managed to maintain a stable, solid tier two position despite fierce competition from other Kuala Lumpur-based firms. Partner Vinayak Pradhan heads the division and is involved in many cases.

Partner Leong Wai Hong advised Sime Darby Plantation on a dispute with ex-workers, which involved them making an application for leave to appeal to the apex court. This was against a decision by the Court of Appeal in affirming a High Court judgment against the ex-workers for delivery of vacant possession of the workers quarters. Skrine managed to resist the leave application in 2008.

Other work includes partner Leong Wai Hong’s ongoing representation of Universal Trustee, which has been sued for breach of duties as trustee and administrator of an estate. Partner Siva Kumar Kanagasabai represented Ivory Quest in a matter against RHB Securities. The RM600 (US$170 million) case ended in November 2008. And Kanagasabai also advised Malaysian insurers American International Assurance (AIA) and American Home Assurance (AHA) on the local incorporation of their businesses in Malaysia.

The firm is also representing Padiberas Nasional Berhad in its appeal against a large termination benefit claim by 190 former employees. And Skrine is representing a leading Japanese consortium that was awarded a project by the Malaysian government for the design, construction, completion and commissioning of a solid waste thermal treatment plant with a value of RM1.5 billion (US$427 million).

Skrine is one of the dominant players in the field of IP in Malaysia. The six partners manage to obtain a significant market share each year and the firm’s client list is notable. In August 2008, Smart Glove Holdings sought the firm’s advice on a complaint by Tillotson Corporation filed in the International Trade Commission regarding alleged patent infringement. Another high profile matter was partner Khoo Guan Huat’s work for Winthrop Pharmaceuticals when it successfully obtained judgment for a declaration that the Winthrop atorvastatin does not infringe Pfizer/Warner Lambert’s patent for astorvastatin, which is also called Lipitor.

Other work includes representing Telekom Malaysia and Telekom InfoMedia when both companies were plaintiffs against Buying Guide and Super Pages in relation to the infringement of telephone directories. German car manufacturer BMW turned to Skrine for advice when it was a plaintiff in an action against BMWork Hoechesteistung and BMWorks Specialist for trade mark infringement and passing off.

Meanwhile, partner Khoo Guan Huat and team represented pharmaceutical company Sanofi-Aventis as plaintiff against Dabur Pharma for patent infringement. The patent related to a pharmaceutical process to produce an oncological drug and Skrine obtained an interim injunction against Dabur restraining it from selling the product. The trial continues in October 2009.