
Vinayak P. PRADHANDispute Resolution Division
Vinayak handles all aspects of civil and commercial litigation. He heads the Construction and Engineering Practice Area in SKRINE, the bulk of work of which concerns arbitration and alternative dispute resolution.
Selected Experience
Commercial Arbitration
Vinayak is a Chartered Arbitrator and sits as an arbitrator in domestic and international arbitrations. These arbitrations include those conducted under the ICC Rules, the KLRCA (UNCITRAL) Rules, the LCIA Rules, the SIAC Rules and the PAM Rules.
From 1998-2003, Vinayak was appointed as a Commissioner of the United Nations Compensation Commission (Geneva, Switzerland) dealing with corporate construction and civil engineering claims arising out of the Iraqi invasion and occupation of Kuwait which are compensable pursuant to UN Security Council Resolution No. 687 of 1991. From May 2003, he was appointed by the Government of Malaysia as a Member of Permanent Court of Arbitration, The Hague.
Vinayak sits on the panel of the Kuala Lumpur Regional Centre for Arbitration, Malaysian International Chamber of Commerce and Singapore International Arbitration Centre. He is also a member of the London Court of International Arbitration and the Swiss Arbitration Association.
Vinayak is a member of the Court of Arbitration for Sport, Lausanne and on the Register of Arbitrators of the Olympic Council of Malaysia. He is Vice Chair of the Commission for Arbitration of the ICC, Paris. Recently he was appointed to the Panel of Conciliators and Panel of Arbitrators of ICSID.
His experience in arbitral work is extensive and includes the following subject matter:-
Design and construction of boilers using agricultural waste for power production; insurance; boiler explosion; engineering and construction of a panelboard plant; investment dispute concerning the interpretation of statutes and a question of whether a part of the investment agreement was ultra vires a statutory authority’s powers; architects’ fees; construction of extensions to an existing factory; franchising agreements; distribution agreements; construction of a hotel; construction of an off shore oil production platform; the sale of and improvements done to engines; joint venture agreement involving questions of PRC law; joint venture involving mining operations; highway constructions; joint venture for the manufacture and distribution of medical and pharmaceutical products; construction of sailing vessels; freight forwarding and ancillary services and sales and port services agency.
Vinayak is acknowledged by Chambers & Partners as being one of the most in demand arbitrators in Asia for international arbitration being described as an “extremely bright practitioner”.
Counsel in Court and Arbitration
Amongst the major projects Vinayak has been involved in as Counsel are as follows:-
- The Lumut Naval Dockyard,
- Pasir Gudang Power Station,
- The Kapar Power Station,
- Dayabumi,
- Malayan Banking Headquarters,
- Bank Bumiputra headquarters On-Tai Building,
- Petronas Tower 1,
- Regent Hotel,
- Istana Hotel,
- PJ Hilton,
- Crown Prince Hotel Penang,
- Johor Port,
- Penang Port,
- MLNG Dua and MLNG Tiga Plant at Bintulu,
- Mandarin Oriental Hotel,
- Langkawi Water Supply Project,
- Penang Swimming Club,
- Plaza Rakyat,
- Wisma Rohas Perkasa,
- Park Inn Hotel.
He has appeared as solicitor and counsel in domestic and international arbitrations before the following:-
- Before arbitrators who are architects appointed by Pertubuhan Akitek Malaysia (PAM, the Institute of Architects), engineers appointed by the Institution of Engineers, Malaysia (IEM), lawyers and retired judges;
- Before the Board of Land Surveyors;
- In the Kuala Lumpur Regional Centre for Arbitration conducted under the UNCITRAL Rules;
- Under the International Chamber of Commerce Rules and
- Before international arbitrators.
The arbitrations have included arbitrations in relation to supply, building and engineering contracts, including disputes in the oil and gas industry and marine reclamation works.
In his capacity as Counsel, he has been described by Chambers and Partners as being an “eloquent lawyer” and “a leading name in arbitration circles”. He has also consistently been nominated by the Who’s Who Legal (The International Who’s Who of Business Lawyers) as a leading individual in arbitration.
LANGUAGE PROFICIENCY
English
PUBLICATIONS / PRESENTATIONS
- Regularly appears as a guest speaker and has delivered lectures and papers at more than 50 local and international conferences and workshops as well as at the University of Malaya, the International Islamic University and the Judicial and Legal Officers Training Institute, Malaysia.
- Has lectured at ICC workshops in Beijing and Bangkok
- Has written numerous articles and chapters on construction law and arbitration and other dispute resolution processes which have been published in legal journals and in books on arbitration.
POSTS / PROFESSIONAL
AFFILIATION
- Commissioner of the United Nations Compensation Commission (Geneva, Switzerland), 1998 - 2003
- Member of the Permanent Court of Arbitration, the Hague
- Chartered Arbitrator
- Fellow of the Chartered Institute of Arbitrators (UK)
- Fellow of the Malaysian Institute of Arbitrators
- Fellow of the Australian Centre for International Commercial Arbitration
- On the panel of arbitrators of Kuala Lumpur Regional Centre for Arbitration, Malaysian International Chamber of Commerce and Singapore International Arbitration Centre
- Member of the London Court of International Arbitration and the Swiss Arbitration Association
- Member of the Court of Arbitration for Sport
- Register of Arbitrators of the Olympic Council of Malaysia
- Register of Arbitrators of the Olympic Council of Malaysia
- Vice Chair ICC Commission for Arbitration
