
Members > Sudharsanan Thillainathan
Sudharsanan Thillainathan FCIArb
Arbitrator
Contact Sudharsanan
Email
sudhar.thillainathan@nineac.com
Phone
+60122930795
Address
Unit A1-12-01, Arcoris Mont Kiara
Jalan Kiara, 50480 Mont Kiara
Kuala Lumpur, Malaysia
Languages
English
Bahasa Malaysia
Bahasa Indonesia
Tamil
Citizenship
Malaysian
Expertise
Arbitration
Civil Fraud
Construction and Infrastructure Disputes
Energy Disputes
Joint Venture and Shareholder Disputes
Insurance and Reinsurance Law
Oil & Gas Disputes
Real Estate and Commercial Tenancy Disputes
Sudhar is an experienced advocate and solicitor specialising in civil and commercial litigation and commercial arbitration. He has a diverse practice with an emphasis on civil fraud, corporate, construction, energy and natural resources, insurance and reinsurance, public law, regulatory and tax disputes.
With more than 25 years’ experience in the field of dispute resolution, including domestic and international arbitrations, Sudhar has acted as counsel, arbitrator and expert on Malaysian Law in disputes across various industries. He is also an accredited adjudicator.
Sudhar has been appointed as sole arbitrator, and as presiding and party appointed arbitrator of three member tribunals under various institutional rules and in ad-hoc arbitrations.
"I am personally impressed with Sudhar's responsiveness, attention to detail and problem-solving abilities, as well as his willingness to go the extra mile for clients. He possesses an exceptional understanding of intricate legal concepts and consistently demonstrates the ability to navigate complex legal matters with finesse.
Chambers & Partners
Asia Pacific Guide 2024
Key Representations
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Positive Vision Labuan Ltd v. Ketua Pengarah Hasil Dalam Negeri and other appeals [2017] 2 MLJ 421
Administrative Law — Judicial review — Review of decision of Comptroller of Income Tax disallowing tax exemptions — Whether denial of right to exemption ultra vires, illegal, void, unlawful and/or in excess of any authorityLembaga Minyak Sawit Malaysia v. Arunamari Plantations Sdn Bhd & Ors and another appeal [2015] 4 MLJ 701
Constitutional Law — Legislation — Validity of impugned legislation — Minister of Plantation, Industries and Commodities made order for imposition of cess on certain classes of oil palm producers —Whether order ultra vires ConstitutionMohamed Ismail bin Mohamed Shariff v. Zain Azahari bin Zainal Abidin & Ors [2013] 2 MLJ 605
Partnership — Valuation of retiring partner’s share in firm — Conflicting valuations — Whether valuation of both goodwill of firm as well as assets or only goodwillOoi Woon Chee & Anor v. Dato' See Teow Chuan & Ors [2012] 2 MLJ 713
Companies and Corporations — Liquidators — Action by majority contributories —Whether liquidators had acted in best interest of company — Whether there was conflict of interest — Whether liquidators had accepted illegal gratification which tainted agreement for sale of company sharesTerengganu Forest Products Sdn Bhd v. Cosco Container Lines Co Ltd & Anor and other applications [2011] 1 MLJ 25
Civil Procedure — Leave to appeal to Federal Court — Principles to be considered in granting leaveUDA Holdings Bhd v. Koperasi Pasaraya (M) Bhd and other appeals [2009] 1 MLJ 737
Tort — Damages — Nuisance — Claim for pure economic loss — Whether pure economic loss recoverable against local authority and/or governmentAsean Securities Paper Mills Sdn Bhd v. CGU Insurance Bhd [2007] 2 MLJ 301
Insurance — Fire insurance — Fraudulent claim — Allegation of arson — Whether arson proved
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Damai City Sdn Bhd v. MCC Overseas (M) Sdn Bhd and other appeals [2022] MLJU 2096
Injunction — Performance Bond — Restraining Payment — Pending ArbitrationLiputan Canggih Sdn Bhd & Ors v. Chong Chuan Long And Another Appeal [2022] 7 CLJ 358
Company Law — Liquidators — Committal proceedings — Leave to commit liquidator to prison for contempt of courtNg Yee Hong v. Malaysian Institute Of Accountants [2021] 1 CLJ 666
Legal Profession — Conflict of interest — Whether there was apparent conflict of interestSelaman Sdn Bhd & Anor v. Pinang Sari Sdn Bhd [2017] 9 CLJ 366
Contract — Termination — Share sale agreement — Whether time of essence of agreement — Whether termination lawful — Whether damages adequate remedy — Whether purchaser entitled to specific performancePerbadanan Kemajuan Negeri Selangor v. Selangor Country Club Sdn Bhd [2016] 8 CLJ 211
Contract — Terms — Construction — Agreement for sale of land - Whether clauses in agreement clear and free from ambiguityPrai Power Sdn Bhd v. Malayawata Steel Bhd [2013] 1 LNS 1530
Negligence — Construction — High Tension Cables — Duty of Care of Contractors — Breach of Duty — Causation of DamageNg Chooi Kor v. Isyoda (M) Sdn Bhd [2010] 3 MLJ 492
Contract — Privity of contract — Agreement for supply of building materials and transport servicesKoo Hock Chum & Anor v. United Overseas Bank (M) Bhd [2009] 2 CLJ 331
Company Law — Members' rights — Shareholders — Right to sue for wrong done to CompanyBina Puri Sdn Bhd v. EP Engineering Sdn Bhd & Anor [2008] 3 MLJ 564
Arbitration — Incorporation of arbitration clause — Whether arbitration clause in subcontract incorporated into settlement agreementTS Sambanthamurti v. Anthony J Dason & Ors [2000] 1 CLJ 657
Contract — Sale and purchase of land — Whether agreement tainted with fraud — Whether defendants owed any fiduciary duty to plaintiff
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Yap Yoke Chong @ Allan Yap v. Yap Chee Siang (Didakwa Selaku Wasi Kepada Harta Pusaka Yap Ngen Seng, Si-Mati) [2024] MLJU 1166
Impeachment of Judgment — Whether judgment obtained by fraudSetiakon Builders Sdn Bhd v. Gd Capital Holdings Sdn Bhd [2023] MLJU 2604
Tort — Construction Works — Project Site — Fire Incident — Cause of Fire — Negligence — Rylands v. Fletcher — Breach of Statutory DutyPE Labellers & CFT Pacific Sdn Bhd & Anor v. CFT SPA & Anor [2021] 11 MLJ 410
Civil Procedure — Injunction — Jurisdiction to grant — Whether High Court had jurisdiction to grant injunction restraining plaintiffs in Malaysia from proceeding with meeting of board of directors (‘BOD’) of plaintiffs’ branch in VietnamPE Labellers & Cft Pacific Sdn Bhd & Anor v. CFT SPA & Anor [2020] 1 LNS 617
Corporate Law — Injunction — Joint venture and shareholders’ agreements — Plaintiffs filed for injunctive relief to restrain Defendants from removing the 2nd Plaintiff and interfering with the management and operations of the 1st PlaintiffDah Sing Insurance Agency Ltd & Anor v. Best Re (L) Ltd [2020] 8 MLJ 373
Insurance — Reinsurance — Claim for sum due and owing under reinsurance agreements — Defendant counterclaimed for unpaid premium — Net due concept — Whether there was net due to the plaintiffs under reinsurance agreementsPertama Makmur Sdn Bhd v. Hong Leong MSIG Takaful Bhd (formerly known as Hong Leong Tokio Marine Takaful Bhd) [2017] 10 MLJ 506
Agency — Fraudulent agent — Agent acting in fraud of principal — Whether principal should be liable for fraud of agentDato' See Teow Guan v. Yeoh Jin Hoe & Ors [2015] 8 CLJ 531
Company Law — Derivative or representative actions - Whether action fell within exception to rule in Foss v. Harbottle — Whether action filed in bad faith
Professional Affiliations
Fellow, Chartered Institute of Arbitrators
Fellow, Asian Institute of Alternative Dispute Resolution
Fellow, Malaysian Institute of Arbitrators
Fellow, Malaysian Society of Adjudicators
Associate, Chartered Tax Institute of Malaysia
Education
B. Comm. (Accounting & Finance) (Monash University, Australia)
LL.B. (Hons) (Monash)
University, Australia) LL.M. (LSE)
Diploma in International Commercial Arbitration (CIArb)
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