The reality for many business owners is that the greatest threat to your business may not be the actions of your competitors, but rather a dispute with your business partners. Such disputes can range from business decision disputes, economic pressures or simply a breakdown in partnership communication. Addressing such issues, or potential issues, is paramount in starting a partnership or ensuring that an existing partnership does not lead to partnership disputes. It is often much more difficult and costly to try to deal with a dispute once it has arisen rather than working around the problems initially. Partnership disputes are often complicated and require a detailed accounting to understand the nature of the dispute.
Our services and support include (but is not limited to):
- Advise on the partnership framework.
- Draft and review partnership agreements.
- Advise on statutory duties and fiduciary duties of partner(s).
- Advise on rights and responsibilities of partner(s).
- Advise on partnership dissolution.
- Advise on partnership finance and share of profits and losses.
- Provide for mediation between partners in dispute.
- Assist and represent partner(s) in dispute resolution.
Advised and represented a partner of a former partnership in in opposing an application by former partner to declare that the projects brought in by a partner post dissolution of the firm, ought to be considered as belonging fully to that partner and that any profits derived thereunder be wholly attributed to that same partner.
We successfully oppose the former partner’s application at the High Court on the basis that the declaratory relief sought is to vary the judgment given after trial and the matter is already res judicata. This decision was reported in Mohd Ghazali Ahmad Nasuruddin v Chok Kai Kuang & Anor  6 AMR 560.