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

    • 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 authority 

    • Lembaga 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 Constitution

    • Mohamed 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 goodwill

    • Ooi 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 shares

    • Terengganu 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 leave

    • UDA 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 government

    • Asean Securities Paper Mills Sdn Bhd v. CGU Insurance Bhd [2007] 2 MLJ 301
      Insurance — Fire insurance — Fraudulent claim — Allegation of arson — Whether arson proved

    • Damai City Sdn Bhd v. MCC Overseas (M) Sdn Bhd and other appeals [2022] MLJU 2096
      Injunction — Performance Bond — Restraining Payment — Pending Arbitration 

    • Liputan 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 court 

    • Ng Yee Hong v. Malaysian Institute Of Accountants [2021] 1 CLJ 666
      Legal Profession — Conflict of interest — Whether there was apparent conflict of interest 

    • Selaman 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 performance

    • Perbadanan 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 ambiguity 

    • Prai 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 Damage

    • Ng Chooi Kor v. Isyoda (M) Sdn Bhd [2010] 3 MLJ 492
      Contract — Privity of contract — Agreement for supply of building materials and transport services 

    • Koo 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 Company 

    • Bina 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 agreement

    •  TS 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

    • 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 fraud

    • Setiakon 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 Duty 

    • PE 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 Vietnam

    • PE 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 Plaintiff

    • Dah 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 agreements

    • Pertama 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 agent

    • Dato' 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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