Cecil Abraham

Practice Areas

• Banking and Securities Litigation

• Commercial and Investment Treaty Arbitration

• Competition Law

• Corporate and Commercial Litigation

• Environmental Law

• Insurance Law

• Land & Property Law

• Media Law Disputes

• Public & Administrative Law

• Public International Law

Professional Memberships

Professional Affiliations

• Fellow (Faculty of Law) Queen Mary College, University of London

• Barrister at Law of the Honourable Society of Middle Temple

• Bencher of the Honourable Society of Middle Temple

• Advocate & Solicitor of the High Court of Malaya

• Advocate & Solicitor of the Supreme Court of Singapore

• Fellow of the Chartered Institute of Arbitrators, United Kingdom

• Fellow of the Malaysian Institute of Arbitrators

• Fellow of the Singapore Institute of Arbitrators

• Fellow of the Australian Centre for International Commercial Arbitration

• Fellow of the Asian Institute of Alternative Dispute Resolution

• Current Member of the Advisory Council of the International Council for Commercial Arbitration (ICCA)

• Current Chairman of the Arbitration Committee, ICC Malaysia

• Current Board Member of the AIAC Academy

Empanelled as Arbitrator with:

• Asian International Arbitration Centre (AIAC)

• ADGM Arbitration Centre, Abu Dhabi

• Borneo International Centre for Arbitration and Mediation

• Court of Arbitration for Sport (CAS)

• Dubai International Arbitration Centre

• FICCI Arbitration and Conciliation Tribunal India (FACT)

• Hong Kong Arbitration Centre (HKIAC)

• International Centre for Settlement of Investment Disputes (ICSID)

• Indonesian National Board of Arbitration (BANI)

• Indian Council of Arbitration (ICA)

• International Chamber of Commerce (ICC), Malaysia

• London Court of International Arbitration (LCIA)

• Singapore International Arbitration Centre (SIAC)

• Shanghai Arbitration Commission (SHAC)

• Sports Resolution UK

• Russian Arbitration Centre

• Vienna International Arbitral Centre

Experience

Tan Sri Dato’ Cecil Abraham is the Senior Partner at Cecil Abraham & Partners. His career at the Malaysian Bar spans 50 years.

Within that time, he has appeared in all the divisions of the High Court of Malaya. He appears regularly before the Court of Appeal, the Federal Court, the Special Court and the Privy Council. He has over 300 reported decisions of note to his name. He is first and foremost an advocate and is regarded by his peers and clients alike as one of Malaysia’s leading counsel known to be devastatingly effective in Court. He has a strong reputation for dealing with complex disputes where the stakes are high.

He is regularly appointed as an arbitrator in domestic and in international commercial arbitrations and is the only Malaysian to be appointed as an arbitrator in investment treaty disputes.

Expert in these Jurisdictions

Qualified in Malaysia, Singapore, and United Kingdom

Languages Spoken

• English - Native/bilingual

• Malay - Native/bilingual

Work Highlights

Tan Sri Dato’ Cecil Abraham’s practice covers a wide breadth of areas that include Corporate and Commercial, Environmental, Banking and Securities, Insurance, Maritime, and Competition Law as well as Arbitration. He has in recent times argued the leading cases in Malaysia pertaining to the approach courts are to adopt in land acquisition proceedings so as to ensure transparency of the process in Tegas Sejati Sdn Bhd v Pentadbir Tanah dan Daerah Hulu Langat & Anor and another appeal [2024] 4 CLJ 1; the grant of planning permission in Datuk Bandar Kuala Lumpur v Perbadanan Pengurusan Trellises & Ors and other appeals [2023] 3 MLJ 829; the applicable principles in so far as, the law of qualified privilege and distinction between the defences of responsible journalism and reportage are concerned in Mkini Dotcom Sdn Bhd & Ors v Raub Australian Gold Mining Sdn Bhd [2021] 5 MLJ 79; the applicable principles relating to the termination of contracts in Catajaya Sdn Bhd v Shoppoint Sdn Bhd [2021] 2 MLJ 374; the applicable test to applications for review under Rule 137 of the Rules of the Federal Court 1995 as well as the application of the de-facto doctrine in Yong Tshu Khin & Anor v Dahan Cipta Sdn Bhd & Anor and Other Appeals [2021] 1 MLJ 47; the adjudication of construction claims in Ireka Engineering & Construction Sdn Bhd v PWC Corporation Sdn Bhd [2020] 1 CLJ 193; constitutional law issues relating to the proper practice and procedures to be adopted by State Legislative Assemblies in The Speaker of Dewan Undangan Negeri Sarawak, Datuk Amar Mohamad Asfia Awang Nassar v Ting Tiong Choon & Ors and other appeals [2020] 2 AMR 313; the validity of introducer agreements within the meaning of Section 24 of the Contracts Act 1950 in Wong Yee Boon v Gainvest Builders Sdn Bhd [2020] 2 CLJ 727; the enforcement and setting-aside of arbitration awards in Far East Holdings Bhd & Anor v Majlis Ugama Islam dan Adat Resam Melayu Pahang and another appeal [2018] 1 MLJ 1; unjust enrichment in Dream Property Sdn Bhd v Atlas Housing Sdn Bhd [2015] 2 MLJ 441; the doctrine of separate legal entities in Gurbachan Singh v Vellasamy s/o Ponnusamy[2015] 1 MLJ 773, the doctrine of equitable fraud in Zung Zang Wood Products Sdn Bhd v Kwan Chee Hang Sdn Bhd & Ors [2014] 2 MLJ 799, the powers of liquidators in Ooi Woon Chee & Anor v Dato’ See Teow Chuan & Ors [2012] 2 MLJ 713; the exercise of royal prerogative powers in Dato’ Seri Ir Hj Mohammad Nizar bin Jamaluddin v Dato’ Seri Dr Zambry bin Abdul Kadir (Attorney General, intervener) [2010] 2 MLJ 285 and His Royal Highness Sultan Ismail Petra Ibni Almarhum Sultan Yahya Petra v His Royal Highness Tengku Mahkota Tengku Muhammad Faris Petra & Anor and another suit [2011] 1 MLJ 1, non-delegable duty and vicarious liability in Dr Hari Krishnan & Anor v Megat Noor Ishak bin Megat Ibrahim & Anor and another appeal [2018] 3 MLJ 281, to name but a few.

He holds the distinction of having acted for the former Prime Minister of Singapore, the late Mr. Lee Kuan Yew, and several Prime Ministers of Malaysia.

He is also regularly appointed as an arbitrator in domestic and international commercial arbitrations and is the only Malaysian to be continually appointed as an arbitrator in investment treaty disputes.

Education