The High Court of Malaya and the High Court of Sabah and Sarawak are the two High Courts (with coordinated jurisdiction). The High Court of Malaya has branches throughout Peninsular Malaysia. Most serious business issues, however, are heard by the High Court of Malaya in Kuala Lumpur. This is due to the fact that the bulk of large-scale transactions take place in Kuala Lumpur, which is also where most corporations maintain their registered office or business location.
The Kuala Lumpur High Court is split into five divisions:
|➤ The Criminal Division|
|➤ Division of Civil Procedure|
|➤ Division of Commerce|
|➤ Division of Appeals and Special Powers|
|➤ Family Court|
Depending on the nature of the issue, major business disputes are heard in either the Commercial Division or the Civil Division. Anyone admitted as an advocate or solicitor of the High Court of Malaya and possessing a valid practicing certificate has the right to appear before that court.
Hourly rates and task-based billing are two popular legal fee structures utilized in litigation. Advocates’ and solicitors’ fees are determined by their experience and skill and are not set by legislation. The Malaysian Bar Council has declared that conditional or contingent fees are unlawful. However, at least one High Court judgment has ruled that a conditional fee arrangement is legal.