Corporate & Commercial Litigation
Corporate and Commercial Litigation Lawyer in Malaysia
If you are a shareholder being frozen out, a director facing allegations, or a business owed money by a company that won't pay, Malaysian law gives you specific, time-limited remedies. TYH & Co. represents shareholders, directors, and businesses in the Klang Valley and Johor Bahru in these disputes.
What corporate and commercial litigation covers
Corporate and commercial litigation is court action between shareholders, directors, partners, or businesses over how a company is run or how a commercial relationship has broken down. In Malaysia, most of these disputes are governed by the Companies Act 2016, the Contracts Act 1950, and the Partnership Act 1961, and are heard in the Sessions Court or High Court depending on the value and complexity of the claim.
Who it is for: minority shareholders being excluded from management or profits, directors accused of breaching their duties, business owners owed money by another company, and parties to a shareholders' or partnership agreement that has been breached.
Why it matters: most of these remedies are time-sensitive. A derivative action needs 30 days' notice before it can even be filed. A statutory demand gives a debtor company only 21 days to pay before winding-up becomes available. Waiting to "see what happens" often closes off the strongest option.
Common corporate dispute types we handle
Minority Oppression
Being frozen out of management, denied dividends, or otherwise unfairly disregarded as a shareholder.
Read the full guide →Derivative Action
Suing on behalf of the company where a director has caused it loss and the board won't act.
Read the full guide →Breach of Directors' Duties
A director acting in their own interest, misusing company property, or ignoring their duty of care.
Read the full guide →Breach of Contract
A commercial counterparty, supplier, or partner has failed to perform what was agreed.
Read the full guide →Debt Recovery & Winding Up
A company owes you money and is not paying. Statutory demand and winding-up petition options.
Read the debt recovery guide →Freezing Orders (Mareva Injunctions)
Urgent court orders to stop assets being moved or dissipated before you can get judgment.
Read the full guide →Construction & CIPAA Claims
Progress payment disputes and adjudication for construction contracts.
CIPAA claim guide →Shareholder Exit & Buy-Out
Forcing a fair buy-out or winding up a company on just-and-equitable grounds.
Related: shareholder disputes →Commercial Fraud
Deceived in a business deal or investment. Civil claims, asset tracing, and freezing orders.
Read the full guide →Partnership & JV Disputes
Disputes between partners or joint-venture parties over money, control, or exit.
Free Case Assessment
Answer 3 quick questions to see which legal route applies to your situation.
Deadlines that matter
| Situation | Deadline | Governing law |
|---|---|---|
| Breach of contract or partnership agreement | 6 years from the breach | Limitation Act 1953, s.6 |
| Derivative action notice to directors | 30 days' written notice before filing | Companies Act 2016, s.348(2) |
| Responding to a statutory demand | 21 days from service | Companies Act 2016, s.466(1)(a) |
| Ex parte Mareva injunction | Lasts 21 days; inter partes hearing within 14 days | Rules of Court 2012, O.29 r.1 |
| Minority oppression / just-and-equitable winding up | No fixed deadline, but delay weakens the case | Companies Act 2016, s.346, s.465(1)(h) |
How the litigation process works
Free WhatsApp assessment
Send us the facts. We identify which remedy applies and whether there is a deadline at risk.
Evidence review
We review your shareholders' agreement, company records, correspondence, and financial documents.
Pre-action step (if required)
Some claims need a letter of demand or statutory notice before court action can begin.
Filing
We file in the Sessions Court or High Court depending on the claim value and nature of the dispute.
Interim relief (if urgent)
Where assets are at risk, we apply for a freezing order or other injunction alongside the main claim.
Trial or settlement
Most commercial disputes settle before trial once the evidence is exchanged; we prepare every case as if it will be contested.
How long it takes and what it costs
| Dispute type | Typical duration |
|---|---|
| Statutory demand & winding-up petition (undisputed debt) | 2–6 months |
| Mareva injunction (interim relief) | Days to weeks for the order; case continues separately |
| Breach of contract claim (Sessions/High Court) | 9–18 months to trial |
| Minority oppression petition | 12–24 months, longer if appealed |
| Derivative action | 12–24 months from leave application |
Legal costs depend on the court, the value of the claim, and whether the matter is contested at trial. We provide a written fee estimate before any engagement, and offer interest-free instalment plans on request.
Litigation vs arbitration vs mediation
| Litigation | Arbitration | Mediation | |
|---|---|---|---|
| Binding outcome | Yes, court judgment | Yes, arbitral award | Only if parties agree to settle |
| Speed | Slower, court schedule | Often faster than court | Fastest, can conclude in a day |
| Confidentiality | Public record | Private | Private |
| Best for | Disputes needing a court order (injunction, winding-up) | Contracts with an arbitration clause | Parties who still have a working relationship |
Frequently asked questions
How long does a shareholder dispute take to resolve in Malaysia?
A minority oppression petition under Section 346 of the Companies Act 2016 typically takes 12 to 24 months from filing to a High Court decision, longer if appealed. Cases can settle earlier if the parties reach a buy-out agreement before trial.
What is the difference between minority oppression and a derivative action?
Minority oppression under Section 346 is a personal claim for the harm done to you as a shareholder. A derivative action under Section 347 is brought on behalf of the company for harm done to the company, such as a director misusing funds, and needs 30 days' notice to the directors first.
Can I freeze a director's or company's assets before I sue?
Yes, if there is a real risk assets will be moved or dissipated before judgment, you can apply for a Mareva injunction under Order 29 of the Rules of Court 2012. This is usually granted ex parte and lasts 21 days before an inter partes hearing.
How much does it cost to sue for a shareholder or commercial dispute in Malaysia?
Costs depend on the court, the complexity of the case, and whether it goes to trial. A straightforward debt recovery is generally lower cost than a High Court oppression petition. Ask for a written fee estimate before engaging any lawyer.
What happens if a company ignores a statutory demand for payment?
Under Section 466 of the Companies Act 2016, a company that fails to pay a debt exceeding RM10,000 within 21 days of a statutory demand is deemed unable to pay its debts. The creditor can then petition to wind up the company.
Is there a time limit to bring a commercial litigation claim in Malaysia?
Most contract and debt claims must be brought within 6 years of the breach under the Limitation Act 1953. Minority oppression and winding-up petitions have no fixed limitation period, but delay weakens the case and can affect the remedy the court is willing to grant.
Talk to a litigation lawyer today
Send us the facts on WhatsApp. We'll tell you which legal route applies and whether there's a deadline you need to act on now.
WhatsApp a Lawyer NowOur offices
Cheras (HQ)
C-65-1, Jalan C180/1, Dataran C180, 43200 Cheras, Selangor
Mahkota Cheras
21, Jalan Puteri 9/1, Bandar Mahkota Cheras, 43200 Cheras, Selangor (by appointment)
Klang
38-1, Lorong Batu Nilam 3c, Bandar Bukit Tinggi 1, 41200 Klang, Selangor (by appointment)
Johor Bahru
#1603, Level 16, Menara Pelangi, No. 2, Jalan Kuning, Taman Pelangi, 80400 Johor Bahru (by appointment)
This page is general legal information current as of July 2026 and is not legal advice. It does not create a solicitor-client relationship and no outcome is guaranteed. Malaysian advocates and solicitors are not permitted to act on a "no win no fee" basis. Your specific circumstances may change which remedy applies — speak to one of our lawyers before acting on any deadline mentioned here.