Shannon Rajan Partner

Contact
T +603 2081 3999 ext 884
E shannonrajan@skrine.com
 

Overview


Shannon is a disputes partner in the Construction and Engineering practice and co-heads the Occupational, Safety and Health practice. He advises clients on all aspects of construction and engineering projects, from procurement to contract administration, and the avoidance and resolution of disputes. He has advised developers, contractors, and consultants on various large-scale projects including power plants, oil and gas installations, metals and mining facilities, process plants, transport infrastructure and commercial developments. 
 
Shannon has experience in the entire range of dispute resolution processes including litigation, arbitration, adjudication, mediation and bespoke processes. He is an accredited arbitrator, adjudicator and mediator who sits on the panel of the AIAC (formerly KLRCA) and the Malaysian and Singaporean Mediation Centres.  He has acted as a sole arbitrator and as counsel under UNCITRAL, SIAC, AIAC rules and in ad-hoc cases.   
 
He is also part of the Aviation practice focusing on issues arising in relation to airport projects, maintenance and operations.

 

Key Practice Areas

  • Construction Litigation, Arbitration and Adjudication
  • Aviation Disputes
  • Occupational Safety and Health
  • International Arbitration
  • Mediation and Early Neutral Evaluation
 

  • Represented an airport operator against the main contractor in a dispute concerning the development of a low-cost terminal and associated works at klia2, which is valued at more than RM 1 billion.  The dispute was successfully resolved through ad hoc mediation.   
  • Representing a subsidiary of a Malaysian oil and gas public listed company against the State-owned electrical company concerning a 300MW gas-fired power plant with an amount of dispute of more than RM 150 million.
  • Representing an employer against a concession holder in an ad hoc arbitration concerning a dispute relating to airport fuelling system in KLIA with an amount in dispute of more than RM 30 million.  
  • Representing an employer against a contractor in the High Court of Malaya concerning the proposed development and upgrading works at Penang international airport Pulau Pinang with an amount of dispute of approximately RM 60 million.
  • Representing an employer against a concession holder in a KLRCA arbitration concerning a cogeneration plant at KLIA with an amount of dispute of approximately RM 50 million.
  • Representing an employer against a concession holder in an ad hoc arbitration concerning a dispute relating to the defects affecting the airport fuelling system in KLIA with an amount in dispute of more than RM 30 million.
  • Represented 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 RM 27 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).
  • Represented a leading international shipping company against an international oil and gas company in the High Court and the Court of Appeal in restraining a call on a performance bond valued at USD 20 million (Reported at [2017] 1 LNS 945).
  • Representing an international consultancy company against the Employer in a dispute concerning civil and structural and mechanical and electrical engineering consultancy services for Raffles American School at Iskandar Malaysia involving claims of approximately RM 5 million.
  • Representing an airport operator against a subcontractor in a dispute concerning the proposed design, construction, completion, commissioning of an airport academy at KLIA involving claims of approximately RM 10 million.
  • Represented 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 RM 50 million.
  • Represented 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 RM 315 million.
  • Represented 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 RM 30 million.
  • Represented parties in an array of adjudication related applications before the Construction Court, including applications to set aside and/or enforce adjudication decision under CIPAA 2012 and reported decisions include [2017] 1 LNS 177 and [2015] 1 LNS 632.
  • Appointed by the parties and AIAC to act as an Adjudicator for disputes under CIPAA 2012 and reported decisions include [2017] 6 CLJ 406

  • Advised and acted as co-counsel for an airport operator and its subsidiaries concerning Civil Aviation Act 1969, Civil Aviation Regulations 1996, International Civil Aviation Organisation (ICAO) and International Air Transport Association (IATA) Rules and Regulations.
  • Advised and acted as co-counsel for an airport operator against major airlines companies concerning the outstanding amounts arising from passenger services charges and other related airport charges.
  • Advised and acted as co-counsel for a private limited company in resisting a claim of more than RM 400 million from a major airlines company for alleged breach of contract and tort in respect of management, operation and maintenance of certain airports in Malaysia.
  • Advised and acted as co-counsel for an airport operator against a concession holder concerning the rights and obligations under the privatisation of the development of klia2 integrated complex at KLIA.  The potential dispute is valued more than RM 150 million.
  • Advising a Maltese aviation company concerning its commercial operations in Malaysia pursuant to the Malaysian Aviation Commission Act 2015, Civil Aviation Act 1969 and Civil Aviation Regulations 2016 and representing client at a private hearing before the Malaysian Aviation Commission Malaysia.
  • Advised and acted as co-counsel for a private limited company who is a concession holder concerning a no-frills hotel at KLIA.  The potential dispute is valued at RM 200 million.

  • Acted as co-counsel for a large oil and gas exploration and production services company in a criminal suit for allegedly failing to ensure the safety, health and welfare of employees under the Occupational Safety and Health Act 1994 (“OSHA”).  The incident occurred when an employee fell to his death while removing and installing gratings at a platform on an oil and gas terminal.

  • Acted as co-counsel for a leading gas infrastructure and utilities company in a criminal and a civil suit for allegedly failing to ensure the safety, health and welfare of employees under OSHA.  The incident occurred when a highly pressurised pipe snapped causing the death of a contractor who was working on site.

  • Acted as co-counsel for large Japanese heavy industries manufacturer in a criminal suit for allegedly failing to ensure that persons other than employees were not exposed to risks to their safety or health under OSHA. The incident occurred when a local and a foreign worker died following an ammonia leakage in the plant.

  • Acted as co-counsel for subsidiary for a Singaporean parent company in a criminal suit for allegedly discharging pollutants or environmentally hazardous material into inland waters.

  • Acted as co-counsel for a leading gas infrastructure and utility company against a subsidiary and its Singaporean parent company in a civil suit for losses and damages and injunctive relief in respect of unlawful discharge of industrial effluent onto our client’s land, which caused the corrosion and leakage of the gas pipeline.

  • Advising a subsidiary of Swiss parent company for breaches under the OSHA resulting from a fatal workplace accident at a cement plant which caused three deaths.

  • Represented an international consultancy company against the employer in an arbitration under Singapore International Arbitration Centre concerning a dispute relating to a project management and design consultancy agreement.
  • Represented 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 (with the seat in England) (Reported at [2008] 5 CLJ 654).
  • Represented an Indian company against the Government of India in the Court of Appeal and Federal Court 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, [2012] 1 LNS 974 and [2016] 3 MLJ 435).
  • Represented 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 (with the seat in Austria and under Vienna International Arbitration Centre) pursuant to ss.10 and 11 of the Arbitration Act 2005 (Reported at [2013] MLJU 602 and [2013] 1 LNS 324).

  • Represented an airport operator against a main contractor in a dispute concerning the development of a low-cost terminal and associated works at klia2, which is valued at more than RM 1 billion.  The dispute was successfully resolved.
  • Represented an airport operator against a contractor in a dispute concerning certain packages of the proposed development and upgrading works at Penang International Airport, Pulau Pinang, which is valued at approximately RM 60 million.
  • Represented a developer against a company in a dispute concerning the sale and purchase of a property, which is valued at approximately RM 5 million.  The dispute was successfully resolved.  
  • Represented private limited company against an individual in a dispute concerning alleged defective product and defamatory statements.  The dispute was successfully resolved after more than six years in court litigation.
  • Represented an airport operator against a main contractor concerning a termination of a proposed construction of an airport academy, which is valued at approximately RM 150 million.  
  • Appointed by KLRCA (now AIAC) and MMC to act as a mediator for various construction contract disputes.  

Qualifications:
  • Diploma in International Arbitration, CIArb London (2018) 
  • Advocate and Solicitor of the High Court of Malaya (2007)
  • Master of Laws (Int’l and Comp Law), National University of Singapore (2006)
  • Certificate of Legal Practice (2006)
  • LL.B (Hons), University of London (External) (2003)
Professional Affiliations:
  • Deputy Chair, International Group of Arbitrators (formerly CIArb Malaysia Branch)
  • Deputy Chair, Society of Construction Law
  • Fellow, Chartered Institute of Arbitrators (FCIArb)
  • Fellow, Asian Institute of Alternative Dispute Resolution (FAiADR)
  • Fellow, Malaysian Society of Adjudicators (FMSAdj)
  • Associate Mediator, Singapore Mediation Centre
  • Panel Arbitrator, AIAC
  • Panel Mediator, Malaysian Mediation Centre and AIAC
  • Panel Adjudicator, AIAC

  • Lectured on “Arbitration Agreement and the Arbitration Act 2005”, “Future of Arbitration - Competition with Other ADR Methods” and “An Overview of the Construction Industry Payment and Adjudication Act 2012”, at International Islam University of Malaysia organised by Chartered Institute of Arbitrators, Malaysia Branch 
  • Approved Faculty for various CIArb’s ADR courses, 2018
  • Speaker, CIArb YMG International Annual Conference on Mediation, London, 2015
  • Speaker, CIArb YMG Regional Conference, Kuala Lumpur, 2016
  • Speaker, Asia ADR Week, AIAC, Kuala Lumpur, 2017 and 2018
  • Speaker, CIPAA Conference, KLRCA, Kuala Lumpur, 2016 and 2017
  • Tutor, AIAC’s Certificate in Adjudication, 2017 and 2018
  • Author, chapter on Termination for “Introduction to Construction Law”, Society of Construction Law, 2017
  • Country Reporter, , “International Commercial Arbitration: An Asia Pacific Perspective” (2nd Ed.), Simon Greenburg, Chris Kee and Romesh Weeramantry, 2014
  • Author, Environmental Law, Bullen & Leake Forms and Precedents, Malaysia, 2018
  • Author, sub-topics on Mediation, LexisNexis Practical Guidance, 2017

  • "good in-depth knowledge of the industry and gives good options and recommendations on the issues at hand. He is very accessible and responds directly to the client” - IFLR 1000 (2018)
  • “‘quick, very thorough' junior partner Shannon Rajan is 'very knowledgeable' about construction disputes” - The Legal 500 (2018).
  • "Shannon Rajan, a junior partner in Skrine is outstanding as he gets to understand his client's business, as its limitations, which he works around to provide solutions that benefit the client. Multiple options are always given together with the legal risk to consider. For us he is available 24-7, and turnaround is quick. Although a junior partner, Shannon exudes confidence and his experience is on par with that of his superiors". - In-House Community Commended External Counsel of the Year (2019).