Profile

Gan Khong Aik is a dispute resolution partner with over 25 years’ counsel experience before all levels of Malaysian courts. He is a Fellow of the Chartered Institute of Arbitrators (CIArb), United Kingdom, who sits on the panel of arbitrators of the Asian International Arbitration Centre (AIAC) and 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 includes corporate and commercial, 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 claim. His commercially practical and legally sound approach coupled with his responsiveness and humble personality made him an all-round counsel.

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

Khong Aik has been recommended for his depth of legal knowledge and troubleshooting skill complemented by a meticulous and solution driven approach in managing the dispute strategy. Asia Business Law Journal listed Khong Aik as one of Malaysia’s Top 100 Lawyers in 2021 and 2022, and recognised 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”, and “Gan Khong Aik and his team are very responsive to address disputes that arise” and “Gan Khong Aik is excellent in his advance and strategy”. Khong Aik was listed as a Litigation Star in Commercial and Transactions, Dispute Resolution, and Labour and Employment by Benchmark Litigation.

Khong Aik 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 a book titled “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, International Bar Association.

He is the firm’s representative in a One Belt One Road Legal Service Alliance initiative.

PRACTICE AREAS

  • Anti-Bribery & Corruption
  • Arbitration
  • Boardroom Risk & Reputation
  • Construction, Engineering, Infrastructure & Projects
  • Corporate Governance & Compliance
  • Corporate Litigation & Risk Management
  • Employment, Benefits and Incentives & Industrial Relations
  • Insurance & Reinsurance
  • Regulatory & Compliance
  • Technology, Media & Telecommunications

ADMISSION

Advocate and Solicitor of the High Court of Malaya

MEMBERSHIP

Fellow, Chartered Institute of Arbitrators (CIArb), United Kingdom

QUALIFICATION

  • 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

LANGUAGES 

English, Malay, Mandarin

RELEVANT EXPERIENCE

Some significant matters which Khong Aik has involved in:

Corporate

    • Acted in a matter concerning re-assessment of damages of a land worth more than RM12 million before the Court of Appeal
    • Acted as a lead counsel for a company in the sale of health food industry before the Federal Court in Malaysia in a matter concerning enforcement or exercise the right of option to sell its shares pursuant to an exit clause in the joint venture agreement.
    • Acted for a company in a suit to recover a sum of RM8.61million (approximately USD2.01million) against 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 decided over the power of liquidator vis-à-vis the power of the minority shareholder for the first time, subsequent leave application to the Federal Court was dismissed. 
    • Acted as a lead counsel in disputes involving renowed properties construction developers in Malaysia where one of the suits was against a state government for damages over RM25 million. 
    • Acted and advised a multinational company in relation to debt recovery arising from construction dispute .
    • Acted as a lead counsel in a highly publicised dispute involving Chinese Educationist in Malaysia over 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 in 
    • Advising Insurers on coverage and defence in a MYR 12.5 million Directors & Officers liability claim initiated by a Bursa Malaysia Mainboard-listed company against its former directors.
    • Acted for Insurers in a reinsurance claim over MYR 22 million involving fraudulent cheque payment by a bank. 
    • Advised and acted for Insurers in an occupier liability claim in respect of a high-profile escalator incident happened in a renowned shopping mall in Malaysia.
    • Advised and acted for Insurers in a reinsurance claim on a Civil Engineering Completed Risks Insurance Policy claim over a collapse of folded plate retaining wall incident.

Employment & Industrial Relations

    • Acted for manufacturing and production companies in disputes in respect of retrenchment due to economic reasons and functional needs 
    • Acted for a telecommunication company in disputes involving abuse of power and issue pertaining to renewal of fixed-term renewable  
    • Acted for a tertiary educational group of companies and an oil and gas multinational company in disputes over conflict of interest by a member of the senior management 
    • Acted for an international banking institution on issue pertaining to forced resignation  

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

  • ‘experienced litigation lawyer’ who has a ‘depth of knowledge’ and ‘trouble shooting skills’ that are 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” and “Extremely knowledgeable, effective and practical

Khong Aik has authored/ co-authored various publications including: