alt Nimalan Devaraja
Senior Associate, Dispute Resolution Division
SKRINE


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Fax: 603 - 2094 3211
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Overview

Nimalan Devaraja is a Senior Associate in the Dispute Resolution Division of Skrine. He graduated from King’s College London with a LLB (Hons) degree in 2010 and was called to the English Bar (Inner Temple) in 2011. Upon returning to Malaysia, he was admitted as an Advocate & Solicitor in the High Court of Malaya in October 2012 and thereafter commenced his legal practice with Skrine

Further Details

Areas of Practice

Arbitration & Alternative Dispute Resolution, Constitutional, Public & Administrative Law, Corporate & Commercial Disputes, Directors & Officers Liability, Securities Laws and Defamation.

Professional Affiliations

  • Member of Kuala Lumpur Bar Young Lawyers Committee
  • Member of Bar Council’s National Young Lawyers Committee
  • Member of Bar Council’s Constitutional Law Committee

Qualifications

  • Advocate & Solicitor, High Court of Malaya
  • Barrister-at-Law, Inner Temple, London
  • LLB (Hons) King’s College London

Experience

Arbitration

  • Successfully acted for a foreign client in an SIAC arbitration with the governing law of the contract being English law involving a crude oil quality dispute against one of the largest integrated energy and commodity trading companies in the world.
  • Acted for Thai-Lao Lignite and Hongsa Lignite against the Government of Lao in order to uphold an arbitral award of more than USD 57 million. Enforcement proceedings had already been taken in the US, the UK and France. See the Federal Court grounds of judgment in Thai-Lao Lignite Ltd & Anor v Government of the Lao People's Democratic Republic [2017] 9 CLJ 273.
  • Successfully acted for the Malaysian subsidiary of a leading global oil and services company in obtaining a stay of proceedings of an oppression petition filed against it by one of its’ directors pending reference to arbitration. This case is notable as there are no reported cases in Malaysia where the stay of an oppression action has been allowed due to an arbitration clause, and there are no reported cases which deal with the applicability of the Arbitration Act 2005 to a stay application in reliance on an arbitration agreement premised on the Arbitration Act 1952.
  • Acted for the director of the Kuala Lumpur Regional Centre for Arbitration where the director's immunity from legal suits and other process were in question.

Corporate and Commercial Litigation

  • Acting for a major steel company in a land dispute, involving the sum of about RM 100 million (as damages for trespass) against a major local electric utility company. The electric utility company is constructing a power plant which allegedly trespasses unto the client’s land in Perai, Penang. See the High Court grounds of judgment in Ann Joo Steel Berhad v Tenaga Nasional Berhad & Ors [2017] 2 CLJ 199 and the Court of Appeal grounds of judgment in Pengarah Tanah dan Galian Negeri Pulau Pinang & Anor v Ann Joo Steel Berhad and another appeal [2017] 6 MLJ 397. This matter is now pending appeal before the Federal Court.
  • Acting as co-Counsel for a statutory authority in a civil suit filed by it against its’ General Manager for breaches of fiduciary duty and negligence.
  • Successfully acted as co-Counsel for a British limited liability partnership in obtaining a stay of proceedings filed against it by a Malaysian public listed company on the ground of forum non conveniens.
  • Successfully acted as Counsel for an American corporation which holds the license for the Ironman Triathlon in obtaining a stay of proceedings filed against it by a Malaysian company for alleged breach of contract on the ground of forum non conveniens. This case is significant as it deals with the applicability of an exclusive jurisdiction clause and governing law clause in the contract.
  • Successfully acted for shareholders of a Malaysian company in winding-up the company on the just and equitable basis on the grounds that the company was no longer carrying out the business it was originally incorporated for, and that the directors of the company had been dissipating the company’s profits.
  • Successfully acted as co-Counsel for the Malaysian subsidiary of a Finnish electronic manufacturing company in striking out a claim filed against it by a foreign consultant. See the High Court grounds of judgment in Ricardo Tapel v Polar Electro Malaysia (M) Sdn Bhd [2017] 1 LNS 568 which was successfully overturned by the Court of Appeal.
  • Acted as co-Counsel for shareholders of a Malaysian shipping company in an oppression action filed to challenge their removal as directors and the dilution of their shareholding. See the High Court grounds of judgment in Seah Eng Tog Daniel & Anor v Kingsley Khoo Hoi Leng & Ors [2016] 2 CLJ 695.
  • Successfully acted for Intel Capital Corporation, a division of Intel Corporation, of the world’s largest and highest valued semiconductor chip makers against a Malaysian company listed on the Bursa stock exchange. This case is significant for the large quantum involved and that the order was for specific performance obtained by way of a summary judgment order.
  • Acted for Consortium comprising two leading global engineering, construction and services corporations (one of which is ranked on the Fortune 500 List of Largest Corporations) and three Malaysian engineering and contracting companies in Malaysia. See the Federal Court grounds of judgment in Lembaga Pembangunan Industri Pembinaan Malaysia v Konsortium JGC Corp & Ors [2015] 6 MLJ 612.
  • Acted for the majority shareholder of a licensed financial institution in a board of directors and shareholders disputes involving a detailed examination of the law of conduct of meeting and interplay between articles of association and shareholders' agreement. See the High Court grounds of judgment in Qatar Islamic Bank v Asian Finance Bank Bhd & Ors [2015] 7 MLJ 445 and RUSD Investment Bank Inc & Ors v Qatar Islamic Bank & Ors [2015] 1 LNS 231.
  • Part of the legal team for an investment holding company (a subsidiary of an Australian company listed on the stock exchanges of Australia and New Zealand with leading outdoor advertising businesses in Australia and New Zealand, and with growing businesses in Hong Kong and Indonesia) in successfully resisting a claim that there was a concluded contract for the transfer of 30% shares in a local outdoor advertising company in Malaysia between the plaintiff and the shareholders of the said company. See the High Court grounds of judgment in Capital Billboards Sdn Bhd v Asia Posters Sdn Bhd & Ors [2012] 1 LNS 724.

Securities Litigation and Regulatory Enforcement

  • Regularly acts for Bursa, the Malaysian Stock Exchange in its enforcement actions against listed issuers and/or their directors as well as in any judicial review actions initiated against Bursa.
  • Successfully acted as co-Counsel for Bursa Securities Malaysia in resisting judicial review proceedings filed by a director of a public listed company which dealt with the obligation of said director to ensure that all the necessary information was provided to the holding company by its subsidiaries to allow the holding company to comply with the Listing Requirements. See the High Court grounds of judgment in Lo Man Heng v Bursa Malaysia Securities Behad [2017] 8 CLJ 596 which was upheld by the Court of Appeal.
  • Successfully acted for Bursa Securities Malaysia in committal proceedings filed against the former directors of a public listed company for their failure to make restitution of monies which had been wrongfully paid out by said directors from the company’s resources. See the High Court grounds of judgment in Bursa Malaysia Securities Berhad v Tengku Dato’ Kamal Ibni Sultan Sir Abu Bakar & Ors [2017] 7 MLJ 141 which was upheld by the Court of Appeal.
  • Successfully acted for Bursa Securities Malaysia in the High Court to the Federal Court in resisting judicial review proceedings filed by a public listed company and its’ directors which dealt with the issue of disclosure of corporate developments which caused the company to experience unusual market activity.

 
ACCOLADES & AWARDS

Who’s Who Legal Awards 2018

alb-mla-2018-winner

We are pleased to announce that Skrine has once again been named Malaysia Law Firm of the Year. The award was conferred at the Who’s Who Legal Awards 2018 on 8th May 2018 in London, United Kingdom.

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Asian Legal Business Malaysia Law Awards 2018

alb-mla-2018-winner

Skrine has been ranked as Arbitration Law Firm of the Year and Maritime Law Firm of the Year.

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The Chambers Asia Pacific 2018 Rankings

Skrine has been ranked as Leading Firm for Dispute Resolution, Intellectual Property and Projects, Infrastructure & Energy.

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The Legal 500 Asia Pacific 2018 Rankings

Skrine is pleased to announce that the Firm has achieved seven Tier 1 practice area rankings in The Legal 500 Asia Pacific 2018.

Our Tier 1 rankings are in the following areas: 
  • Banking and Finance
  • Corporate and M&A
  • Dispute Resolution
  • Intellectual Property
  • Technology, Media & Telecommunications
  • Real Estate and Construction
  • Labour and Employment

Skrine was also listed as one of the leading firms in the areas of Projects & Energy, and Shipping. 

Four Skrine partners were ranked as leading lawyers in their respective areas. 

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