Shannon Rajan Shannon Rajan
Partner, Dispute Resolution Division
SKRINE


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 884
Fax: 603 - 2094 3211
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  Overview  

Shannon Rajan is admitted as an Advocate and Solicitor in the High Court of Malaya and a Partner in the Construction and Engineering Practice Group in SKRINE.

His practice mainly focuses on arbitration, adjudication and litigation in construction related disputes. He acts as counsel and junior counsel for various large construction companies in a variety of construction disputes. He also appears for clients on disputes involving international and domestic arbitrations including SIAC, UNCITRAL, KLRCA, PAM and IEM.

He is an accredited Adjudicator and Mediator and on panels of the KL Regional Centre for Arbitration and the Malaysian and Singapore Mediation Centres.

He was involved in amendments to include adjudication procedures under the Malaysian Court Rules. His teaching appointment includes visiting lecturer for the Law Faculty, International Islamic University.

 

  Further Details  

Areas of Practice

Arbitration (International and Domestic), Adjudication, Aviation and Airport Management, Construction and Engineering, Corporate and Commercial, Mediation, Oil and Gas, OSHA Offences, Telecommunication, Real Estate and Town and Country Planning

Professional Affiliations

  • Chartered Institue of Arbitrators
    • Associate Member of the Chartered Institute of Arbitrators (CIArb)
    • Honorary Secretary of the CIArb (Malaysia Branch) (2014-2016)
    • Founder and Chair of the CIArb YMG (Malaysia Branch) (2013-2015)
    • Steering Committee Member of the YMG CIArb International (2013-2015)
  • Asia Pacific Forum on International Arbitration (AFIA): Malaysian Representative
  • Kuala Lumpur Regional Centre for Arbitration (KLRCA): Panel Adjudicator and Mediator.
  • Singapore Mediation Centre: Associate Mediator.
  • Malaysian Mediation Centre: Panel Mediator.

Qualifications

  • Advocate & Solicitor of the High Court of Malaya.
  • Bachelor of Laws (Hons), University of London.
  • Master of Laws (Int’l and Comp Law), National University of Singapore.

  Experience  

Arbitration

Experience in international and domestic arbitrations (in particular arbitrations involving UNCITRAL, SIAC and KLRCA rules) and also in arbitration related applications before the Malaysian Courts:-

  • Acted as Counsel for an arbitrator in the Court of Appeal and the Federal Court in successfully resisting an application to remove the arbitrator under Arbitration Act 1952.
  • Acting as Counsel for a major private limited company in Malaysia in an ad hoc arbitration concerning the supply of labour and materials for timber flooring works for 5 blocks of luxurious condominiums in Mont Kiara.
  • Acting as Co-Counsel for a subcontractor in Malaysia in an international arbitration under SIAC concerning a dispute relating to a project management and design consultancy agreement.
  • Acted as Co-Counsel for a subcontractor against the main contractor in a KLRCA arbitration concerning the design, construction and completion of Dewan Bahasa & Pustaka. Successfully registering the arbitration award and enforcing the same by winding-up the subcontractor (Reported at [2011] MLJU 166).
  • Acted as Co-Counsel for a subcontractor against the main contractor in an ad hoc arbitration concerning the roofing works of the Prime Minister’s Office and Residence, Putrajaya.
  • Acted as Co-Counsel for a subcontractor against a public authority in a KLRCA arbitration concerning a turnkey contract for the supply, delivery, installation, testing and commissioning, furniture procurement, IT system establishment and training for Malaysian Institute of Chemical Engineering Technology with an amount in dispute of more than RM27 million. Successfully resisting an application to set aside the arbitration award and reference of questions of law under ss.37 and 42 of the Arbitration Act 2005 (Reported at [2009] MLJU 1697 and [2009] 1 LNS 1766).
  • Acted as Co-Counsel for a major public listed company in Thailand and its subsidiary in the High Court and Court of Appeal in successfully resisting a stay of Court’s proceedings pending reference to arbitration (Reported at [2008] 5 CLJ 654).
  • Acted as Co-Counsel for Port Klang Authority in the Court of Appeal and Federal Court in successfully resisting a stay of Court’s proceedings pending reference to arbitration pursuant to s.10 of the Arbitration Act 2005 (Reported at [2010] 9 CLJ 532).
  • Acted as Co-Counsel for one of the largest private equity company in Austria in the High Court in successfully obtaining a stay of Court’s proceedings pending reference to arbitration pursuant to ss.10 and 11 of the Arbitration Act 2005 (Reported at [2013] MLJU 602 and [2013] 1 LNS 324).
  • Acting as Co-Counsel for an Indian company against the Government of India in the Court of Appeal in successfully setting aside order granting leave to serve and the service of the setting aside of the Partial Award out of jurisdiction for want of jurisdiction (Reported at [2012] 1 LNS 941 and [2012] 1 LNS 974).
  • Acting as Co-Counsel in an array of arbitration related applications before the Courts, including applications for setting aside and enforcement of arbitration award under ss.37 to 39 of the Arbitration Act 2005 and reference of questions of law under s.42 of the same.

Construction and Engineering

Experience in wide range litigations and adjudications concerning construction and engineering contracts:-

Litigation

  • Acted as Counsel for a subcontractor in the High Court in inter alia successfully defending the main contractor's claim for damages arising from a wrongful termination of a supply delivery installation testing and commissioning of aluminium and glazing works (Reported at [2014] 1 LNS 445).
  • Acted as Counsel for a main contractor in the High Court in successfully defending the subcontractor’s claim for damages arising from a telecommunications supply contract (Reported at [2013] 1 LNS 127).
  • Acted as Co-Counsel for a subcontractor against the Government in a dispute concerning the design, construction and completion of Politeknik Muadzam Shah, Pahang Darul Makmur involving a claim of more than RM55 million.
  • Acted as Co-Counsel for an unincorporated joint venture in a dispute concerning the roofing and skylight system for University Teknologi Petronas.
  • Assisted in a dispute concerning the design, construction and completion of a free zone port involving a claim of more than RM1 billion.
  • Acted as Co-Counsel for a main contractor against the subcontractors in a dispute concerning the supply of inter alia ready-mixed concrete involving a claim of more than RM6 million.
  • Acted as Co-Counsel for an international supplier in the High Court in inter alia successfully defending a claim for damages arising from the collapse of interlock pallet racking system.
  • Acting as Co-Counsel for an employer against the subcontractors in a dispute concerning the development of a low cost terminal and associated works at KL International Airport, Sepang, Selangor, which is valued at more than RM1 billion.

Adjudication

  • Acted as Co-Counsel for an employer against the Government in a dispute concerning the engineering, procurement and construction of a thiochemical plant in Kerteh, Terengganu involving claims of more than RM50 million.
  • Acting as Co-Counsel for an employer against a subcontractor in a dispute concerning a mixed commercial development involving one block of serviced apartment and one block of 27-storey hotel in Johor Bahru valued at approximately RM315 million.
  • Acting as Co-Counsel for an employer against a subcontractor in a dispute concerning a civil and building works ATB Oil Terminal Phase II at Tanjung Bin in Johor Bahru valued at approximately RM30 million.
  • Acting as Co-Counsel in an array of adjudication related applications before the Construction Court, including applications to set aside and/or enforce adjudication decision under CIPAA 2012.

Corporate and Commercial Litigation

Experience in a range of civil and commercial disputes:

  • Acted as Counsel for a director of a private limited company in the High Court in resisting a claim of more than RM2.5 million based on a personal guarantee.
  • Acted as Counsel for a Hong Kong based company in the High Court in successfully claiming against two Malaysian companies pursuant to the bills of exchange.
  • Acted as Counsel for a private limited company in the High Court in successfully striking out a claim of more than RM15 million.
  • Acting as Co-Counsel for private limited company in the High Court, Court of Appeal and Federal Court in successfully resisting an application for an injunction restraining a demand on a Performance Bond (Reported at [2009] 3 CLJ 189, [2011] 1 LNS 109 and [2011] 1 LNS 1031).
  • Acted as Co-Counsel for ICC in the High Court in successfully resisting a matter in which declaratory remedies were sought against ICC.
  • Acted as Co-Counsel for a private limited company in the Federal Court in successfully resisting an appeal against the lower Courts’ decision to strike out the suit on the grounds that the association lacked locus standi to initiate the action for breach of trust and fiduciary duties (Reported at [2013] 9 CLJ 941).
  • Acted as Co-Counsel Counsel for a private limited company in the High Court in successfully seeking specific performance and damages for the sale and purchase of a land.

Aviation

  • Advising and acting for Airport Operator in Malaysia and its subsidiaries in respect of the Civil Aviation Act 1969, Civil Aviation Regulations 1996, International Civil Aviation Organisation (ICAO) and International Air Transport Association (IATA) Rules and Regulations.
  • Advising and acting as Co-Counsel for a private limited company in resisting a claim of more than RM400 million from an airlines company for alleged breach of contract and tort in respect of management, operation and maintenance of certain airports in Malaysia.
  • Advising and acting as Co-Counsel for a private limited company in resisting a claim of more than RM30 million from a concessionaire for alleged losses and damages in respect of certain airport facilities.

Real Estate

  • Acted as Counsel for a private listed company/developer in the High Court and Court of Appeal in successfully resisting a property owner’s action for refusal to provide consent to transfer the property to a third party and claiming the outstanding maintenance charges and other costs.
  • Acted as Co-Counsel for a public listed company/developer in the High Court in successfully resisting a claim for damages arising from misrepresentation under a tenancy agreement and successfully counterclaiming the outstanding rentals from the tenant.
  • Acted as Counsel for a public listed company/developer in the High Court in resisting a claim for declaratory reliefs concerning common properties under the Building and Common Property (Maintenance and Management) Act 2007.
  • Acting as Counsel for an individual against a developer in the High Court in claiming for outstanding LAD and guaranteed rentals arising under sales and purchase and tenancy agreements.

Winding Up

  • Acting as Co-counsel for various listed/private limited companies in seeking and resisting an application to obtain leave pursuant to s.226(3) of the Companies Act 1965.
  • Acting as Co-Counsel for liquidators in resisting an appeal against the liquidators’ decision in respect of PODF pursuant to s.93 of the Companies Winding-Up Rules 1972.
  • Acting as Co-Counsel for various public listed/private limited companies in seeking/resisting a winding-up and bankruptcy petition (Reported at [2011] 4 CLJ 416 and [2010] 1 LNS 1031).
  • Acting as Co-Counsel for various public listed/private limited companies in obtaining an injunction to present a statutory notice of demand under s.218 of the Companies Act 1965 and winding-up petition.

  Publications  

Member of the Editorial Board

  • Member of the Editorial Board for Charter Institute of Arbitrator’s Berita Timbangtara and Skrine’s Legal Insights.

Lectures and Conferences

  • Tutor at Gamuda’s Construction Contract Development programme organised by KLRCA, MSA & SCL, 2016.
  • Lecturer at International Islam University of Malaysia organised by Chartered Institute of Arbitrators, Malaysia Branch on the following topics:
    • An Overview of the Construction Industry Payment and Adjudication Act 2012” in 2016.
    • Arbitration Agreement and the Arbitration Act 2005” and “Future of Arbitration - Competition with Other ADR Methods” in 2011 and 2012;
  • Organising Chairperson of CIArb YMG (Malaysia Branch)’s International Arbitration Advocacy Workshop held in Kuala Lumpur, September 2014.
  • Speaker/Participant at CIArb YMG International Annual Conference on Mediation held in London, November 2014.
  • Speaker at Workshop entitled “Construction Law in Malaysia” organised by Bridge Knowles on the topic “Different Faces of Arbitration” and “Extension of Time and Liquidated Ascertain Damages in the Construction Industry” in November 2013.

Case commentaries:

  • CKR Contract Services Pte Ltd v Asplenium Pte Ltd and another and another appeal and another matter [2015] SGCA 24, Skrine’s Legal Insights.
  • Port Klang Authority v Kuala Dimensi Sdn. Bhd. [2010] 9 CLJ 532, Skrine’s Legal Insights.
  • Aras Jalinan Sdn. Bhd. v. Tipco Asphalt Public Company Ltd & Ors [2008] 5 CLJ 654, Skrine’s Legal Insights.
  • Antah Schindler Sdn. Bhd. v Ssangyong Engineering & Construction Co. Ltd [2008] 3 CLJ 641, Skrine’s Legal Insights.

Articles:

  • Restraining a call on performance bonds, Skrine’s Legal Insights and republished in Berita Timbangtara (2015).
  • Can unconscionability be excluded as a ground to restrain a call on a performance bond? – CKR Contract Services Pte Ltd v Asplenium Land Pte Ltd Skrine’s Legal Insights (Sept 2015)
  • The end of cash flow woes?, Skrine’s Legal Insights.
  • Unconscionability: is it a ground for an injunction on performance bond?, Construction Law Digest Vol. 2 of 2012.
  • Bridging gaps in arbitration agreements, Berita Timbangtara (2012).
  • Much ado about nothing, Skrine’s Legal Insights and republished in KLRCA’s Newsletter (Dec 2012).

Country Reporter: Simon Greenburg, Chris Kee and Romesh Weeramantry, “International Commercial Arbitration: An Asia Pacific Perspective” (2nd Ed.) (2014).

 
ACCOLADES & AWARDS

Skrine Retains Who’s Who Legal Accolade for Malaysia

On 15th May 2017, the Who’s Who Global Awards was held in London, United Kingdom and Skrine was conferred the Award:

Malaysia Law Firm of the Year 2017

Skrine previously received this Award in 2013, 2014, 2015 and 2016.

>> READ MORE

SKRINE Clinches Top Honours at ALB Malaysia Law Awards 2017

On 6th April 2017, the Asian Legal Business Malaysia Law Awards was held and SKRINE was named

Malaysia Law Firm of the Year 2017

SKRINE also bagged 5 other awards

>> READ MORE

Asialaw Profiles 2017

The Asialaw Profiles has ranked Skrine as Outstanding Firm and particularly highlighting the following practice areas:

Outstanding Firm

  • Competition & Antitrust
  • Corporate/M&A
  • Dispute Resolution
  • Energy & Natural Resources
  • Intellectual Property
  • IT, Telco & Media
  • Project & Infrastructure

>> READ MORE

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