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 in various Chinese arbitration institutes include international arbitration court. He is also a mediator with the Malaysian Mediation Centre.

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. His commercially practical and legally sound approach coupled with his responsiveness and humble personality made him an all-round counsel.

Khong Aik’s 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 and corporate liabilities.

Asia Business Law Journal lists Khong Aik as one of Malaysia’s Top 100 Lawyers in 2021 and recognises his practice in arbitration & ADR, Corporate Governance, Insurance & Reinsurance, Labour & Employment and Litigation. He 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.

The Legal 500 Asia Pacific 2021 noted “Mr. Gan Khong Aik is a vastly experienced litigation lawyer who is meticulous, thorough and possesses troubleshooting skills.” Khong Aik has been listed as a Litigation Star in Commercial and Transactions and Labor and Employment by Benchmark Litigation in 2022.

Khong Aik has penned a book chapter on International Arbitration and articles on various emerging areas of law. His recent publications include a book titled “Manoeuvring Corporate Governance in Malaysia: Litigation Perspectives”. He is recently appointed as International Organisations Liaison Officer of the International Commerce and Distribution Committee, International Bar Association. 

PRACTICE AREAS

  • Dispute Resolution
  • Employment & Industrial Relations

ADMISSION

Advocate and Solicitor of the High Court of Malaya

QUALIFICATION

LL.B (Hons), University of Malaya.

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  
AWARDS & ACCOLADES

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
PUBLICATIONS

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