Contract Lawyer in Malaysia

Contract Lawyers

Solving contract issues with the utmost professionalism with a contract lawyer in Malaysia.

Contract Negotiation Services in Malaysia

Trusted contract services for businesses

Sabrina Hashim & Co provides professional contract negotiation services for a variety of business-as-usual contracts. Our contract lawyer is eager to help you prepare, review and manage your contract efficiently.

Skilled contract lawyers in Malaysia

About Sabrina Hashim & Co

Sabrina Hashim & Co is a registered law firm in Selangor and Kuala Lumpur, Malaysia, specialising in three practice areas. Catering to your specific needs, we deliver effective legal solutions to ensure the smooth functioning of your business, ease your workload and elevate your business growth.

What is a Contract?

Preventing disputes and unjust trade

A contract is an agreement between two or more parties that is legally binding. Essentially, a contract outlines what the parties have agreed to do or trade.

While a contract can be written or spoken, most business circumstances necessitate a written contract signed by all parties involved in order to be legally binding. In this case, parties can perform a contract negotiation to ensure a win-win situation for all.

Types of Contracts Handled in Malaysia

In Malaysia, as in many other jurisdictions, several types of contracts are handled across various sectors.

These contracts serve different purposes and are governed by the principles of contract law as per the Contracts Act 1950. Here are some of the common types of contracts handled in Malaysia:

  • Sale and Purchase Agreements
  • Employment Contracts
  • Lease Agreements
  • Service Agreements
  • Loan Agreements
  • Franchise Agreements
  • Licensing Agreements
  • Partnership Agreements
  • Construction Contracts
  • Joint Venture Agreements
  • Confidentiality Agreements (Non-Disclosure Agreements, NDAs)
  • Supply Agreements
  • Shareholders Agreements
  • E-Commerce Agreements

Elements of a valid contract

  • A valid offer
  • Acceptance
  • Consideration
  • Intention to create legal relations
  • Capacity to contract

When is a Contract Considered Illegal and Void?

  • If there is no consideration
  • If the consideration and object of an agreement are forbidden by a law
  • If the consideration and object of an agreement are fraudulent or involve or imply injury to the person or property of another
  • Contracts which are immoral or against public policy
  • Contracts in restraint of marriage
  • Contracts in restraint of trade
  • Contracts to oust the jurisdiction of the courts
  • Contracts with no certainty
  • Contracts by way of wager

The Responsibilities of Our Contract Lawyers

Extracting maximum value through agreements

A contract lawyer is someone who focuses on assisting clients with business contracts and is often involved in drafting, reviewing and negotiating various contracts. The lawyers in our Malaysian law firm have specialised training or experience in specific areas of law, namely Technology and Telecommunications, Media and Entertainment and Corporate and Commercial.

Below are some of the duties of our contract lawyers

  • Performing research
  • Drafting and reviewing contracts
  • Managing contract negotiation process
  • Ensuring legal compliance
  • Safeguarding client’s rights
  • Serving as an advisor to the client
  • Responding to client’s queries and concerns

Benefits of Hiring a Contract Lawyer in Malaysia

Expertise in Malaysian Law

Contract lawyers in Malaysia ensure that contracts are compliant with Malaysian law and relevant industry-specific regulations, reducing the risk of legal disputes and regulatory penalties or sanctions.

Risk Mitigation

They help in identifying and mitigating risks. This helps in avoiding potential legal issues and liabilities, saving time and resources in the long run.

Clear and Enforceable Agreements

Contract lawyers can draft clear and concise contracts that are enforceable in court, thereby preventing misunderstandings and disagreements between parties.

Negotiation Skills

They possess negotiation skills that can be invaluable in securing favourable terms and conditions in a contract, thereby protecting the client’s interests.

Customisation

They can provide tailored contracts that suit the specific needs and requirements of the client to fully address the unique aspects of the agreement.

Intellectual Property Protection

Contract lawyers can incorporate clauses related to intellectual property rights, ensuring that any IP involved is adequately protected.

Confidentiality and Privacy

Contract lawyers can include confidentiality and privacy clauses in contracts to safeguard sensitive information.

Consult a contract lawyer

Talk to us and we will provide you with the right solutions for your legal challenges or needs.

Contract Negotiation FAQ

Frequently Asked Questions

A contract lawyer in Malaysia should be equipped with skills in research and writing. They must also have great communication and negotiation skills to ensure a seamless contract negotiation process.

Below are some qualities to look for in a contract lawyer:

  • Highly knowledgeable in law and business
  • Has adequate experience and insights
  • Has professional recognition
In regard to all things contract, it is encouraged to work with a contract lawyer every step of the way. By doing so, you will be able to gain a better understanding of your legal rights. Hiring a contract lawyer will also mitigate risks if a breach occurs.
Generally, you can expect the contract negotiation process in Malaysia to take around 4 to 6 weeks. However, this time frame can vary depending on the complexity and risks involved with the specific contract.

Contract negotiations in Malaysia take place in four stages:

  • Preparation

Firstly, preparation starts with researching information, analysing data and leverage, and identifying the interests and position of the other party. 

  • Exchange of Information

Next, in this stage, you should share your information with the other party, including your business’s interests and objectives. The more information you share, the easier it will be for the other party to understand what you are looking for.

  • Bargaining

Additionally, bargaining is where the ‘give-and-take’ happens. You’ll need to compromise in order to satisfy both parties’ interests, thus building a lasting relationship and a profitable outcome. 

Moreover, if the other party takes an entirely different stance about what they want, you’ll have to be creative and come up with alternatives for what to include in the contract.

  • Closing

After you have compromised on all the necessary items to be included in the contract, you can end negotiations by restating what was discussed in the prior stages.

Once both parties have come to an official agreement, you or a contract lawyer can begin drafting the actual contract.