Corporate & Commercial Dispute
Forceful courtroom advocacy for business owners, shareholders and companies locked in high-value commercial conflicts.
Fighting for Commercial Outcomes That Matter
A business dispute is rarely just about the law on paper. Money is at stake. Reputations hang in the balance. Relationships built over years can disintegrate in weeks. At Messrs S.K. Song, we understand that commercial litigation demands more than a solid grasp of the Contracts Act 1950 or the Companies Act 2016. It requires a lawyer who can read the commercial reality behind the dispute and act decisively.
Our firm acts for sole proprietors, private limited companies, partnerships and individual shareholders across Johor and the wider region. The matters we handle range from straightforward debt recovery actions in the Sessions Court to multi-party fraud disputes that proceed to full trial in the High Court. We have pursued and defended claims involving breach of fiduciary duty by company directors, fraudulent misrepresentation in share transactions, and the enforcement of personal guarantees. Each case receives the same level of preparation and attention.
Malaysian commercial law sits on a foundation of statute and common law. The Specific Relief Act 1950 governs the remedies available to an aggrieved party, whether that means specific performance of a contract or an injunction to prevent further breach. The Limitation Act 1953 sets strict deadlines: six years for most contract and tort claims. Miss the deadline and the right to sue is lost entirely. We ensure that claims are filed promptly and that our clients' positions are protected from the outset.
Litigation is not always the answer. In many commercial disputes, a well-timed offer to settle under Order 22A of the Rules of Court 2012 can bring about a resolution that saves both parties the cost and uncertainty of trial. But when the opposing side refuses to negotiate in good faith, we are prepared to argue the case forcefully before a judge. Our lawyers have appeared at every level of the Malaysian court system, from the Magistrates' Court to the Federal Court.
How We Can Help
We advise clients at every stage of a commercial dispute: pre-action strategy, pleadings, discovery, interlocutory applications, trial and enforcement of judgments. Where a matter involves allegations of fraud or asset dissipation, we act quickly to obtain mareva injunctions and other interim relief to preserve the status quo pending trial. We also handle arbitration references under the Arbitration Act 2005 where the parties' agreement requires disputes to be resolved outside the court system.
Relevant Legislation
- Contracts Act 1950
- Companies Act 2016
- Specific Relief Act 1950
- Limitation Act 1953 (Act 254)
- Rules of Court 2012
- Arbitration Act 2005
- Sales of Goods Act 1957
- Hire-Purchase Act 1967