MALAYSIA Law and Practice Contributed by: Rabindra S. Nathan, Rodney Gomez, K. Shanti Mogan and Alexius Lee, Shearn Delamore & Co
Shearn Delamore & Co is an award-winning, full-ser - vice law firm and, with more than 100 lawyers and 280 support staff, one of the largest in Malaysia. The firm has the resources to manage complex cross-border transactions, projects and matters. It acts for multi - national corporations, private equity, international organisations, government institutions and private clients. It is frequently instructed by international law firms. Shearn Delamore & Co’s international resourc -
es and reach include its membership of the World Law Group, World Services Group, Employment Law Alliance and, in 2020, Drew Network Asia (DNA) – a regional platform to serve clients seeking legal advice within the ASEAN region. The firm’s diverse experi - ence and interdisciplinary collaborations enable it to provide clients with a complementary range of skills to meet their needs.
Authors
Rabindra S. Nathan is a partner at Shearn Delamore & Co. He has acted as counsel in domestic arbitrations as well as in international arbitrations in corporate, commercial, luxury hotel management, energy and power, and
K. Shanti Mogan is a partner at Shearn Delamore & Co. She has acted as counsel and arbitrator in domestic and international arbitrations – commercial, communications and multimedia,
public infrastructure project disputes at the SIAC, LCIA, HKIAC and AIAC under the AIAC, ICC and UNCITRAL Rules. His arbitration practice has involved court proceedings under the Arbitration Acts of 1952 and 2005, the Convention on Recognition of Foreign Arbitral Awards 1985, enforcement of multi-tiered dispute resolution clauses as well as issue estoppel and res judicata flowing from foreign arbitral awards. He is on the ICC Malaysia panel of arbitrators. commenced legal practice in 1990, and has acted as counsel in both domestic and international arbitrations, primarily involving construction and engineering contracts. He also regularly acts as an arbitrator, mediator and adjudicator. He appears in the Malaysian courts in proceedings arising from arbitral processes under the Arbitration Acts of 1952 and of 2005. He is a fellow of the UK’s Chartered Institute of Arbitrators (FCIArb), the Malaysian Institute of Arbitrators (FMIArb) and the Malaysian Society of Adjudicators (FMSAdj). He is also a member of the Society of Construction Law (Kuala Lumpur and Selangor). Rodney Gomez is managing partner at Shearn Delamore & Co. He
steel manufacture, hotel management, pharmaceutical, vehicle development and supply, service agreements, airport concession and technology-related disputes at the AIAC, SIAC and LCIA, under the AIAC, SIAC, ICC and UNCITRAL Rules. She handles interim relief applications, arbitral challenges in court and recognition of arbitral awards. She is on the panel of arbitrators for the AIAC, SIAC, HKIAC and ICC Malaysia, and is a member of the SIAC Court of Arbitration. She is a fellow of the Chartered Institute of Arbitrators (FCIArb) and the Malaysian Institute of Arbitrators (FMIArb).
Alexius Lee was called to the English Bar in 2002 and to the Malaysian Bar in 2003. He started practice at Shearn Delamore & Co in 2003, and was made a partner in 2012. He specialises in engineering and
construction law, covering dispute work including litigation, arbitration, adjudication and mediation, and non-dispute work including drafting, negotiation and advice on building, engineering and development agreements. He is on the Asian International Arbitration Centre (AIAC) panel of adjudicators and has adjudicated on disputes referred under the Construction Industry Payment and Adjudication Act 2012. He is also a member of the International Bar Association (IBA) and the Society of Construction Law (Kuala Lumpur and Selangor).
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