Dato' Mohd Arief Emran bin Arifin is a partner with the Dispute Resolution Practice Group of Wong & Partners. He is well versed in civil litigation procedure and is experienced in the various stages of dispute management in both Court and arbitration proceedings. He is experienced in commencing and defending arbitrations under the KLRCA, ICC, SIAC and other ad hoc rules.
Dato' Emran frequently advises and assists major financial institutions on Islamic finance disputes and debt recovery management, and has been acknowledged by Asia Pacific Legal 500 as a practitioner with "particular expertise in Islamic finance disputes." He was also recognised among the notable dispute resolution practitioners in Malaysia by Chambers Asia Pacific, 2016.
He is also well regarded in tax and customs litigation, as he successfully assisted in securing a landmark decision in favour of a client in Malaysia's first judicial review matter involving anti-dumping duties on foreign exporters. He has also represented major corporations in complex judicial review cases against the Malaysian Inland Revenue Board on withholding taxes and transfer pricing issues relating to the legitimacy of Labuan tax planning structures.
Dato' Emran advises clients across a wide area of law such as tax and customs dispute, general breach of contract, banking and finance, Islamic finance disputes, negligence, breach of directors’ duties, fraud and negligence, insolvency litigation, shareholders dispute, shipping and maritime claims and claims for libel and slander.
His expertise includes advisory work, drafting of pleadings and submissions, advocacy in the context of interlocutory hearings and trials before the Courts and arbitral tribunals as well as appeals before the appellate Courts, advising and taking conduct of enforcement actions including committal proceedings and other modes of execution, and negotiating settlements where appropriate.
Representative Legal Matters
Represented the Malaysian subsidiary of a major offshore oil and gas well drilling company in pursuing a judicial review application to appeal against withholding taxes of up to MYR96 million and an additional assessment of up to MYR522 million, the single largest withholding tax and additional income tax assessment claim before the courts at that time against a company in Malaysia.
Represented the Malaysian subsidiary of a global courier delivery services company in two separate tax appeals against the Director General of Inland Revenue in respect of transfer pricing assessments for the sums of MYR5.45 million and MYR38.7 million, respectively, in different years of assessment.
Represented Malaysia's largest e-commerce marketplace in pursuing a judicial review against the Director General of Inland Revenue of Malaysia in connection to the treatment of withholding taxes on software and digitised goods.
Represented an Islamic financial institution in a claim concerning the arrest and disposal of a vessel mortgaged under the principles of Ijarah.
Represented a Malaysian Government Linked Company in an arbitration concerning a breach of a contract to construct a vessel.
Represented a public listed telecommunication company in arbitration relating to a breach of contract by a supplier of information technology equipment.
Represented a multinational company and its employees in a libel, malicious falsehood and slander claim filed by a former employee.
Represented a ship building yard in the arrest of a vessel due to breach of a ship building and repair agreement.
Represented a subsidiary of a multinational company in a suit concerning a claim for breach of fiduciary duties and disclosure of documents.
Professional Associations and Memberships
- Chartered Islamic Finance Professional (Part I) - Associate Member
- Malaysian Bar - Member
- Kuala Lumpur Bar - Member
- Malaysia (2002)
- Indonesia (2001)
- London School of Economics and Political Science (LLB Hons) (1999)
- INCEIF (Certification in Islamic Finance (Part 1))