Aw Kai Xiang

Aw Kai Xiang

LL.B. (Hons) University of Leeds, UK
Certificate in Legal Practice

Partner

Aw Kai Xiang

Commercial, Land & Strata management

Kuala Lumpur, Malaysia

kaixiang@lpplaw.asia

+60 17-907 1328

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About

Aw Kai Xiang, is a partner in the firm’s Dispute Resolution, for Commercial, Land, and Strata Management Practice Group. Kai Xiang commenced his legal career in 2019 with Messrs. Ariff Rozhan & Co, a premier boutique law firm in Kuala Lumpur renowned for its top-tier dispute resolution practice. Under the mentorship of Mr. Ariff Rozhan who consistently recognised as one of Malaysia’s top 100 lawyers from 2019 to 2023. He subsequently joined Messrs. Raj, Ong & Yudistra, another preeminent boutique firm specialising in commercial and corporate disputes.

Prior to his engagement with LPP Law, Kai Xiang served as a senior associate with Messrs. Tuang, Chu & Co, further cementing his reputation in the legal sector.

Kai Xiang honed his expertise in handling complex disputes. His practice encompasses a wide range of disputes, including corporate and commercial matters, land and construction disputes, oil and gas issues, contractual conflicts, and public law. Notably, Kai Xiang has acted as co-counsel for a former Prime Minister of Malaysia, one of Malaysia’s largest oil corporations, and leading property developers in the country. He has also played a pivotal role in major litigation proceedings and conducted forensic due diligence exercises for high-profile clients. Kai Xiang’s career reflects a commitment to excellence and an unwavering dedication to delivering results for his clients in high-stakes and multifaceted legal matters.

Qualifications

  • Bachelor of Laws (LLB), University of Leeds (UK)
  • Certificate of Legal Practice, Legal Profession Qualifying Board

Expertise

  • Corporate Dispute
  • Oil & Gas
  • Construction & Engineering
  • Arbitration
  • Defamation
  • Banking Disputes

Language

  • English
  • Bahasa Malaysia
  • Chinese

Experience

  • Acted as lead counsel in opposing a claim for gambling debt. The subject matter of the dispute was approximately RM24 million.
  • Acted as lead counsel in a claim for goods sold and delivered. The subject matter of the dispute was approximately RM700,000.00 and involved expert witnesses and expert reports.
  • Acted as lead counsel for the Malaysia electrical supplier, for the recovery of undercharged electricity bills arising from a case of ‘meter tampering’
  • Acted as lead counsel in a civil suit in relation to a contractual dispute over the quality of nitrile gloves sold and delivered by the Defendant (distributor). The subject matter of the dispute was approximately RM930,000.00 and involved expert witnesses and expert reports.
  • Acted as lead-counsel in a full trial for the plaintiff (service provider) in relation to a dispute of debt due and owing by the defendant (the employer). The key issue of the dispute falls solely on the validity of the debit notes issued by the defendant. The sum of the dispute was approximately RM442,000.00.
  • Acted as co-counsel in shareholders’ disputes for the plaintiff (preference shareholders) in claiming their dividends from a public listed company.
  • Assisted in a representative action for the investors in relation to the money fraudulently paid to the purported licensed financial service provider. The sum of the dispute was approximately RM4 million.
  • Acted as co-counsel in a hearing in an arbitration proceeding for the claimant (developer) in relation to a land dispute. The key issue before the arbitral tribunal was whether the respondents (landowners) were estopped in law from terminating the joint venture agreement after the development order was granted; and after 19 years.
  • Acted as co-counsel in construction disputes in defending multiple claims for liquidated ascertained damages (LAD) against the defendant (the developer). The key issue before the court was can the purchasers claim LAD from the defendant from the date of payment of the booking fee, despite there being no breach of the sale and purchase agreement.
  • Assisted in a construction dispute in defending a suit for the defendant (the main contractor) in building a highway in Penang. However, the plaintiff was wound up halfway through the suit and the defendant applied to strike out the plaintiff’s suit.
  • Assisted in an arbitral proceeding, in particular, the application to challenge the appointment of an arbitrator on the grounds of impartiality and independence. The matter was brought before the Director of the Asian International Arbitration Centre (AIAC). The challenge was successful.
  • Assisted in drafting and preparing a ‘Forensic Report’ to determine and assess the merits of potential wrongdoings committed by, amongst others, the client’s former and existing senior management, vendors, consultants, and valuers, in relation to the client’s acquisition of a significant number of companies/lands/assets in and outside of Malaysia, with a view of commencing court proceedings.
  • Assisted in drafting and preparing an advice for the Malaysia electrical supplier (TNB) on whether do they have a cause of action in commencing a civil action pursuant to a power purchase agreement.

Reported Cases

  • Wynn Resorts (Macau) S A v Poh Yang Hong & Ors [2025] MLJU 263
  • Havi Logistic (M) Sdn Bhd v Pemungut Duti Setem [2023] 8 MLJ 1.
  • Mohammad Najib Bin Tun Hj Abdul Razak v Thomas Thomas @ Mohan A/L K Thomas & Anor [2023] 4 CLJ 553.
  • Mohammad Najib Bin Tun Hj Abdul Razak v Thomas Thomas @ Mohan A/L K Thomas & Anor [2022] MLJU 3460.
  • Technolite Malaysia Sdn Bhd v Alfallah Cleantech (M) Sdn Bhd [2023] MLJU 447.
  • Stephanie Christopher Ramesh v RHB Bank Berhad [2023] 2 LNS 1309.
  • Ong Wooi Beng v BASF Petronas Chemicals Sdn Bhd [2022] 2 LNS 2529.

Publications and Talks