Foong Chee Keen

Partner

Areas of Practice

General Litigation (Civil & Commercial Disputes)

Alternative Dispute Resolution

Qualifications

LL.B (Hons), Universiti Malaya (2008)

LL.M, King's College London, UK (2024)

Admissions

Advocates & Solicitors, High Court of Malaya (2010)

Fellow of Asian Institute of Alternative Dispute Resolution (AIADR) (2018)

Fellow of the Chartered Institute of Arbitrators (United Kingdom) (2022)

Arbitrator of Asian International Arbitration Centre (AIAC) (2022)

Adjudicator of AIAC (2017)

CK@ShahirKhubayb.co

Profile

Foong completed his law degree at Universiti Malaya in April 2008 and earned a Master's in Law from King's College London, United Kingdom.

In December 2008, Foong was appointed to the Judicial and Legal Services of Malaysia, where he began his service to the country. He then served as Senior Assistant Registrar at the High Court of Malaya and held the position of ex officio magistrate. During this period, he had the privilege of assisting the esteemed Right Honourable Tan Sri Azahar Mohamed, who later became the Chief Judge of Malaya.

Foong is a licensed arbitrator with the Asian International Arbitration Centre (Malaysia) and was admitted to the Malaysian Bar as an advocate and solicitor on 24 September 2010. He is a distinguished Fellow of the Chartered Institute of Arbitrators (United Kingdom) and serves as an adjudicator for disputes under the Construction Industry Payment and Adjudication Act 2012. His primary focus is on resolving complex corporate and construction disputes.

Experience

CORPORATE & COMMERCIAL LAW

▪ Drafted memorandum of understanding for collaboration in logistic and supply chain between two (2) Malaysian companies.

▪ Drafted Co-operation Agreement for a Malaysian entity and an engineering company for logistic and supply chain business.

▪ Drafted Engineering Procurement, Construction, and Commissioning Agreement for a local company in relation to a RM410 million contract with a subsidiary of a conglomerate in People’s Republic of China for a project located within Malaysia’s Northern Corridor Economic Region.

▪ Drafted Settlement agreement for and Oil & Gas company pursuant to umbrella agreements related to projects awarded by PETRONAS and other oil and gas companies.

▪ acted as main counsel to resist a Malaysia listed oil & gas company from obtaining the court’s approval in its proposed scheme of arrangement amounting to RM271.5 million.

▪ acted as main counsel to resist claim and counterclaim against a subsidiary to a Malaysia listed company pursuant to a dispute in an Engineering, Procurement, Construction & Commissioning Contract.

▪ Acted as main counsel for a sister company of an Australian ASX-listed company in a commercial dispute amounting RM120 million with a Malaysian listed company

▪ assisted in due diligence exercise for a buy-out by a Malaysian billionaire on a Malaysian listed telecommunication company for approximately $5 billion in 2007.

ALTERNATIVE DISPUTE RESOLUTION (ADR)

▪ acted as main counsel for a construction company in arbitration, pursuing a claim of RM117.2 million against a Malaysian public institution.

▪ acted as main counsel for a construction company in arbitration pursuing RM5.45 million against a Malaysian statutory body;

▪ acted as main counsel and co-counsel for companies in construction disputes in court/arbitral proceedings;

▪ adjudicated construction disputes pursuant to the Construction Industry Payment and Adjudication Act 2012 (Malaysia);

▪ acted as main counsel to claim and defend in adjudication proceedings pursuant to the Construction Industry Payment and Adjudication Act 2012 (Malaysia);

LITIGATION

▪ acted as main counsel to resist an inheritance claim amounting to RM180 million;

▪ acted as main counsel to resist a trademark claim by Skechers U.S.A., Inc. II;

▪ acted as main counsel for a China automotive company

OTHERS

Foong also appears in all levels of courts/tribunals and provides advice to clients for:

▪ corporate matters such as mergers and acquisitions, debt recovery, company restructuring, winding-up, judicial management, meetings & resolutions & limited liability partnership;

▪ shareholder matters such as minority shareholders’ right/reliefs;

▪ construction matters such as delay, extension of time, time at large and claim for loss & expense/damages and quantum meruit;

▪ contentious probate & inheritance matters;

▪ insolvency matters; and

▪ industrial relations/employment related matters.

In his work, he is also involved in deal negotiations and drafted numerous types of commercial contracts related to share sale, shareholders, subscription, collaboration, partnership, agency, etc.

Reported Cases

FEDERAL COURT

▪ MISSION BIOFUELS SDN BHD V KNM PROCESS SYSTEMS SDN BHD (LEAVE APPLICATION NO: B-02-1164-05/2013)

▪ MADU JAYA DEVELOPMENT SDN BHD V KOSBINA KONSULT (K) SDN BHD (IN LIQUIDATION) (LEAVE APPLICATION NO: 08(f)-628-12/2018(W)

▪ DATO’ P.B. ASHOK A/L P.B. KRISHNAN & 3 ORS V AZRINA FAZRINA BINTI JAMRI & ANOR (LEAVE APPLICATION NO: 08(f)-221-07/2023(W)

COURT OF APPEAL
▪ MISSION BIOFUELS SDN BHD V KNM PROCESS SYSTEMS SDN BHD (APPEAL NO: B-02-1164-05/2013)

▪ C.K.L. EDUCATION & TRAINING SDN BHD V ZYON INTERIOR DESIGN SDN BHD (APPLICATION NO: B-08-442-10/2018)

▪ C.K.L. EDUCATION & TRAINING SDN BHD V ZYON INTERIOR DESIGN SDN BHD (APPEAL NO: B-04(NCvC)(W)-62-02/2019)

▪ KOSBINA KONSULT (K) SDN BHD (IN LIQUIDATION) V MADU JAYA DEVELOPMENT SDN BHD [2019] 6 CLJ 301

▪ AZRIN FAZRINA BINTI JAMRI & ANOR V DATO‘ P.B. ASHOK A/L P.B. KRISHNAN PILLAI & 3 ORS (APPEAL NO: W-02(NCC)(W)-253-02/2022

▪ GALLANT WORLDWIDE SOLUTIONS SDN BHD V SPORT NUTRITION PRO SDN BHD (APPLICATION NO: B-08-156-05/2024)

HIGH COURT

▪ SUTHAGAR RAJAMONEY V THE DEPUTY MINISTER OF HOME AFFAIRS, MALAYSIA & ORS [2011] 1 LNS 1038 / [2011] CLJU 1038 / [2011] 9 MLRH 301

▪ SOH KOOK SENG V THE DEPUTY MINISTER OF HOME AFFAIRS, MALAYSIA & 2 ORS [2011] 1 LNS 1039 / [2011] CLJU 1039 [2011] 9 MLRH 314

▪ KNM PROCESS SYSTEMS SDN BHD V MISSION BIOFUELS SDN BHD [2013] 9 CLJ 1003

▪ MISSION EQUITIES SDN BHD V ASIAPRISE BIOTECH SDN BHD (KUALA LUMPUR HIGH COURT SUIT NO: 22NCVC-281-05/2015)

▪ MADU JAYA DEVELOPMENT SDN BHD V KOSBINA KONSULT (K) SDN BHD [2017] 1 LNS 1509

▪ NOOR RIZUWAN AHMAD V PENDAKWARAYA [2017] MLRHU 1204

▪ GALLANT WORLDWIDE SOLUTIONS SDN BHD V SPORT NUTRITION PRO SDN BHD (SHAH ALAM HIGH COURT APPEAL NO: BA-12B-88/12/2023)

▪ ZYON INTERIOR DESIGN SDN BHD V C.K.L. EDUCATION & TRAINING SDN BHD (APPEAL NO: BA-12BNCvC-13-02/2013)

▪ VIVAMALL SDN BHD & ORS V TDC CONSTRUCTION SDN BHD & ORS [2013] 8 MLJ 1

▪ PWC BINA SDN BHD v. KERAJAAN MALAYSIA & ANOR [2016] 1 LNS 1233

▪ ETIQA GENERAL TAKAFUL BERHAD V JAMBATAN KEDUA SDN BHD & 3 ORS (HIGH COURT KUALA LUMPUR ORIGINATING SUMMONS NO: WA-24NCC-253-05/2019)

▪ MADU JAYA DEVELOPMENT SDN BHD V KOSBINA KONSULT (K) SDN BHD (WINDING-UP PETITION NO: 28-12-05/2017)

▪ BARAKAH OFFSHORE PETROLEUM BERHAD & ANOR V MERSING CONSTRUCTION & ENGINEERING SDN BHD & ORS [2019] 1 LNS 551 / [2019] CLJU 551

▪ DATO’ P.B. ASHOK A/L P.B. KRISHNAN PILLAI & ORS V AZRIN FAZRINA JAMRI & ANOR [2022] 1 LNS 541

▪ DATO’ P.B. ASHOK A/L P.B. KRISHNAN PILLAI & 2 ORS V CYBERLYNX INTERNATIONAL SDN BHD (KUALA LUMPUR HIGH COURT SUIT NO: WA-22NCC-674-12/2022)

▪ HOMEVEST CAPITAL SDN BHD V GLOBAL TOP CENTRONIC SDN BHD (SHAH ALAM HIGH COURT NO: BA-22NCVC-123-03/2022)

▪ POLY RITZ DEVELOPMENT SDN BHD V ALVIN CHONG YEW KUAN & 9 ORS (KUALA LUMPUR HIGH COURT SUIT NO: WA-22NCVC-638-09/2019)

▪ TUAH INTEGRATED SOLUTIONS SDN BHD V MAJU INTEGRATED ENGINEERS (KUALA LUMPUR HIGH COURT SUIT NO: WA-22NCC-83-02/2024)

▪ TWIN SENSATION SDN BHD V MAJLIS MESYUARAT KERAJAAN NEGERI, NEGERI SEMBILAN & 3 ORS (SEREMBAN HIGH COURT SUIT NO: NA-25-9-11/2019)

▪ WEGROW EDUTAINMENT (M) SDN BHD V KRU STUDIOS & 2 ORS (SHAH ALAM HIGH COURT SUIT NO: BA-22NCVC-184-05/2024)

SESSIONS COURT

▪ ZYON INTERIOR DESIGN SDN BHD V C.K.L. EDUCATION & TRAINING SDN BHD (SHAH ALAM SESSIONS COURT CIVIL SUIT NO: BA-A52NCvC-373-07/2016)

▪ SPORT NUTRITION PRO SDN BHD V GALLANT WORLDWIDE SOLUTIONS SDN BHD (SHAH ALAM SESSIONS COURT CIVIL SUIT NO: BA-A52-75-10/2021)

INDUSTRIAL COURT

▪ LOH POH IM V MINETECH RESOURCES BHD [2016] 1 ILR 199

▪ NOR FAZLIZAH BINTI MD SUKOR v ETIQA LIFE INSURANCE BERHAD (KUALA LUMPUR INDUSTRIAL COURT NO: 19/4-1687/19)

▪ NOOR ZAWANI BINTI HASSIM @ HASHIM V MALAYAN BANKING BERHAD (KUALA LUMPUR INDUSTRIAL COURT NO: 7/4-878/19)

ALTERNATIVE DISPUTE RESOLUTION (ADR)

ARBITRATION
▪ S v A (2014)
▪ J v E (2018)
▪ M v O (2019)
▪ T v U (2019)
▪ T v S (2023)

ADJUDICATION
▪ B v K (2018)
▪ U v P (2019)
▪ P v B (2019)
▪ H v M (2020)
▪ S v C (2020)
▪ P v S (2020)
▪ T v T (2021)
▪ K v C (2022)
▪ K v C (2023)
▪ P v T (2024)