DeHeng Successfully Defends Client in AIAC in Malaysia

2020-03-05

Recently, regarding a case between Shipyard A, Ship Trading Company B and Shipowner C on disputes over shipbuilding and sale contracts, the Asian International Arbitration Centre (AIAC) of Malaysia held in favor of the client represented by DeHeng.

Case summary:  Shipowner C brought up an arbitration against Shipyard A and Ship Trading Company B on disputes relevant to late delivery of new building ships, etc. in AIAC (formerly known as Kuala Lumpur Regional Center for Arbitration, KLRAC). Throughout the arbitration process, DeHeng lawyers reviewed voluminous case files in English, and considered the case facts and case handling strategy carefully with the Client. In addition to that, DeHeng lawyers also wrote the submission and witness testimonies in hundreds of pages presenting arguments from perspectives such as contract formation, vitiation of contractual consent, the applicable law of agency, Mistake & Estoppel, variation, and the interpretation of contracts etc in English law. Ultimately, the arbitral tribunal supported DeHeng's defense, holding that the Ship Trading Company B was not a party to the contracts of ship building and sale, and as a result, the arbitral tribunal had no jurisdiction over it.

Regarding the case, DeHeng put together a project team, led by Peng Xianwei, partner of its Beijing office, and Wu Yanan, etc., main participant lawyers, cooperating closely with foreign lawyers engaged by the client. Eventually, the case which lasted for two years, gained satisfactory results and the client's legitimate rights and interests were effectively safeguarded.