Loading...
User Image

Gan Khong Aik

FCIArb

Partner

  • Anti-Bribery & Corruption
  • Arbitration
  • Boardroom Risk & Reputation
  • Construction, Engineering, Infrastructure & Projects
  • Corporate Governance & Compliance
  • Corporate Litigation & Risk Management
  • Employment, Benefits & Incentives & Industrial Relations
  • Insurance & Reinsurance
  • Regulatory & Compliance
  • Technology, Media & Telecommunications
  • Advocate and Solicitor of the High Court of Malaya
  • Fellow, Chartered Institute of Arbitrators (CIArb), United Kingdom
  • LL.B (Hons), University of Malaya
  • LL.M (Commercial and Corporate Law), University of London
  • Postgraduate Diploma in Law, University of Law
  • Postgraduate Diploma in Laws (International Business Law), University of London
  • Postgraduate Certificate in Laws (Insurance Law), University of London
  • Diploma in International Arbitration, Chartered Institute of Arbitrators (CIArb), United Kingdom

English, Malay, Mandarin

Share this profile:
Facebook
fb-share-icon
X (Twitter)
Tweet
LinkedIn
Share
Wechat

Gan Khong Aik is a dispute resolution partner with over 25 years of counsel experience before all levels of Malaysian courts. He is a Fellow of the Chartered Institute of Arbitrators (CIArb), United Kingdom, and sits on the panels of arbitrators of the Asian International Arbitration Centre (AIAC) and the Borneo International Centre for Arbitration and Mediation (BICAM). He is also a mediator with the Malaysian Mediation Centre, AIAC, and BICAM.

Khong Aik’s extensive practice experience covers corporate and commercial matters, insolvency and liquidation, land and property, anti-bribery and corruption, insurance and reinsurance claims, and employment and industrial relations disputes. He often represents directors, shareholders, and companies in a wide range of high-value corporate disputes, including reputational claims. His commercially practical and legally sound approach, coupled with his responsiveness and humble personality, makes him an all-rounded counsel.

His notable matters include a landmark apex court decision that led to significant developments in the arbitration landscape. Building on his wealth of knowledge and experience in corporate disputes, he also advises companies on corporate governance, corporate liabilities, and insurance claim disputes.

Khong Aik has been recommended for his depth of legal knowledge and troubleshooting skills, complemented by a meticulous and solution-driven approach to managing dispute strategy. Asia Business Law Journal listed Khong Aik as one of Malaysia’s Top 100 Lawyers in 2021 and 2022, recognising his practice in Arbitration & ADR, Corporate Governance, Insurance & Reinsurance, Labour & Employment, and Litigation. The Legal 500 Asia Pacific noted:

“Mr Gan Khong Aik is a vastly experienced litigation lawyer who is meticulous, thorough and possesses troubleshooting skills.”
“Gan Khong Aik and his team are very responsive in addressing disputes that arise.”
“Gan Khong Aik is excellent in his advice and strategy.”

Khong Aik was also listed as a Litigation Star in Commercial and Transactions, Dispute Resolution, and Labour and Employment by Benchmark Litigation.

He co-authored a survey book on Media, Advertising and Entertainment Law (Multilaw, 2008) and a publication on International Arbitration with Global Legal Insights. His recent publications include Manoeuvring Corporate Governance in Malaysia: Litigation Perspectives, Law and Practice of Employment Law in Malaysia, and Judicial Review in Malaysia.

Khong Aik is the Vice Chair of the International Commerce and Distribution Committee of the International Bar Association. He also represents the firm in the One Belt One Road Legal Services Alliance initiative.

Significant Matters Involving Khong Aik

Corporate

  • Acted in a matter concerning the re-assessment of damages for land worth more than RM12 million before the Court of Appeal.

  • Acted as lead counsel for a company in the health food industry before the Federal Court of Malaysia, in a matter concerning the enforcement or exercise of the right of option to sell its shares pursuant to an exit clause in a joint venture agreement.

  • Acted for a company in a suit to recover RM8.61 million (approximately USD 2.01 million) from its director for breach of fiduciary duty and duty of fidelity.

  • Acted as one of the lead counsels in an appeal where the Court of Appeal, for the first time, decided on the power of a liquidator vis-à-vis the power of a minority shareholder; the subsequent leave application to the Federal Court was dismissed.

  • Acted as lead counsel in disputes involving renowned property developers in Malaysia, including a suit against a state government for damages exceeding RM25 million.

  • Acted for and advised a multinational company in a debt recovery claim arising from a construction dispute.

  • Acted as lead counsel in a highly publicised dispute involving Chinese educationists in Malaysia concerning a shareholder oppression claim.

Insurance

  • Advised and acted for insurers and reinsurers in a MYR 125 million Machinery Breakdown/Loss of Profit claim arising from a 2013 aluminium smelter incident.

  • Advised insurers on coverage and defence in a MYR 12.5 million Directors & Officers (D&O) liability claim initiated by a Bursa Malaysia Main Market–listed company against its former directors.

  • Acted for insurers in a reinsurance claim amounting to MYR 22 million involving a fraudulent cheque payment by a bank.

  • Advised and acted for insurers in an occupier’s liability claim relating to a high-profile escalator incident in a renowned shopping mall in Malaysia.

  • Advised and acted for insurers in a reinsurance claim under a Civil Engineering Completed Risks Insurance Policy concerning the collapse of a folded plate retaining wall.

Employment & Industrial Relations

  • Acted for manufacturing and production companies in disputes concerning retrenchment due to economic reasons and functional needs.

  • Acted for a telecommunications company in disputes involving abuse of power and issues pertaining to the renewal of fixed-term contracts.

  • Acted for a tertiary education group and an oil and gas multinational company in disputes involving conflict of interest by a member of senior management.

  • Acted for an international banking institution in a dispute concerning forced resignation.

    Among others, Khong Aik has been recognised by independent rankers and client testimonials as, inter alia:

    • “An experienced litigation lawyer with a depth of knowledge and troubleshooting skills, complemented by a meticulous and thorough approach. This expertise extends to industrial relations.”
    • “Very competent and commercial in his approach.”
    • “Very professional, effective, and efficient.”
    • “Extremely knowledgeable, effective, and practical.”

    Khong Aik has authored and co-authored various publications, including:

       

      View Author’s Articles