Overview

• Represented Malaysia Airports 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 RM1 billion.   


• Represented 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 RM150 million.


• Represented 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 RM30 million.  


• Represented an employer against a contractor in a dispute concerning the proposed development and upgrading works at Penang international airport Pulau Pinang with an amount of dispute of RM60 million.


• Represented an employer against a concession holder in a KLRCA arbitration concerning a cogeneration plant at KLIA with an amount of dispute of approximately RM50 million.


• Represented 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 RM30 million.


• Represented a subcontractor against a public authority in a KLRCA arbitration concerning a turnkey contract for the IT system establishment 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 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 RM5 million.


• Represented 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 RM10 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 RM50 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 RM315 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 RM30 million.


• Represented a subsidiary of a Chinese telecommunication corporation against a subcontractor in a dispute concerning the construction and completion of electrical, telephone, SMATV, PA & security system for a high-rise condominium consisting of 5 blocks and 1099 units in Selangor.


• Represented an employer against a nominated subcontractor in an ad hoc arbitration concerning renovation works of 3^rd and 4^th floors of Avenue K in Kuala Lumpur.


• Represented an international consultancy company against an architectural interior fit-out contractor in a dispute concerning the interior renovation works on a Chinese restaurant at Clubhouse, Bukit Kiara Kuala Lumpur.


• Represented a leading international shipping company against an international oil and gas company in restraining a call on a performance bond valued at USD20 million (Reported at [2017] 1 LNS 945).


• Represented a real-estate developer against a main contractor in successfully opposing a restraining a call on a performance bond valued at RM1.5 million (Reported at [2009] 6 CLJ 480).


• 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. 

• Represented a large oil and gas exploration and production services company in a criminal suit for allegedly failing to ensure the safety of its employees under section 15 of the Occupational Health and Safety Act 1994 (“OSHA 1994”).  The incident occurred when an employee fell to his death while removing and installing gratings at a platform on an oil and gas terminal.


• Represented a leading gas infrastructure and utilities company in a criminal and a civil suit for allegedly failing to ensure the safety its employees under section 15 OSHA 1994.  The incident occurred when a highly pressurised pipe snapped causing the death of a contractor who was working on site.


• Represented a 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 section 17 OSHA 1994. The incident occurred when a local and a foreign worker died following an ammonia leakage in the plant.


• Represented a subsidiary of a Swiss parent company for breaches under the OSHA 1994 arising from a fatal workplace accident at a cement plant which caused three deaths.


• Represented one of the largest plastics, chemicals, and refining company for breaches under OSHA 1994 arising from a fatal workplace accident at a thermoplastic plant in Johor Bahru.  


• Represented a global Canadian limestone solution company for breaches under OSHA 1994 and Electricity Supply Act 1990 (“ESA 1990”) arising from a fatal workplace accident involving welding activities at the limestone quarry in Kemaman, Terengganu.


• Represented a global American manufacturer of custom precision of metal stamping and metal fabrication for breaches under OSHA 1994 arising from a workplace accident which resulted in permanent disability of an employee at the manufacturing factory in Johor Bahru.  


• Represented a leading power infrastructure company for breaches under OSHA 1994 arising from a fatal workplace accident involving the installation of solar panels at a factory in Selangor.

• Represented Petronas Gas Berhad 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 (Reported at [2020] 2 CLJ 694).


• Represented various companies in criminal proceedings for allegedly discharging industrial effluent into rivers in contravention of Environmental Quality (Industrial Effluent) Regulations 2009.


• Represented various companies in criminal proceedings for infringements under the Environmental Quality (Schedule Wastes) Regulations 2005 including spilling and accidental discharge, treatment, storage and labelling of scheduled wastes,


• Advised a private equity firm, which acquired a Malaysian manufacturing company in respect of potential infringement under the Environmental Quality Act 1974 (“EQA 1974”), Environmental Quality (Industrial Effluent) Regulations 2009, Environmental Quality (Schedule Wastes) Regulations 2005, Sale of Goods Act 1957, Penal Code and Malaysian Anti-Corruption Act 2009.  Assisting client in a mediation under the Singapore Mediation Centre.     


• Represented a global energy company for breaches under EQA 1974 and the requirements under Contaminated Land Management and Control Guidelines No.1-3 arising from an allegedly pollution of the soil.  Defending a civil suit from a landowner for losses and damages arising from the alleged pollution.   


• Providing support to clients on liaison with the statutory authorities, employee relations, media messaging, the establishment and conduct of an internal investigation, directing technical experts, documents preservation, as well as representation at Inquests and at any resulting criminal and civil proceedings.

• Conducted a compliance audit and advisory on environmental and OSHA and related laws i.e., Factories and Machineries Act 1967 (“FMA 1967”), Fire Services Act 1988 (“FSA 1988”) and Petroleum (Safety Measures) Act 1984 for 4 related international oil and gas companies concerning their operational assets in Malaysia. 


• Conducted a compliance audit and advisory on OSHA 1994, FMA 1967, ESA 1990 and FSA 1988 and their related regulations for a private limited company concerning its 12-storey building comprising facilities and amenities for the banking industry in Kuala Lumpur.    


• Conducted a compliance audit and advisory on environmental and OSHA and related laws i.e., FMA 1967, ESA 1990 and FSA 1988 and Civil Aviation Safety Management (CAD 19 SM) for a subsidiary of an Italian parent company specialising in Aerospace, Defence and Security concerning its assets in Malaysia. 


• Conducted an audit and investigation on OSHA 1994 and its related regulations for a subsidiary of a Swiss parent company concerning the fatal accident at the cement factory.


• Conducted an audit and investigation on OSHA 1994 and ESA 1990 and their related regulations for a global Canadian limestone solution company concerning a fatal accident at the limestone quarry. 


• Tailormade an OSHA legal register and advisory for a subsidiary of a New Zealand parent company for the construction and operation phases of its skyline luge business in Kuala Lumpur.


• Drafted the policies and accompanying standard operating procedures to deal with the COVID-19 pandemic, which are compliant with OSHA and related regulations for a global logistics company. 


• Drafted the policies and accompanying standard operating procedures and limitation of liability clauses in respect of flexible work arrangement, which are compliant with OSHA and related regulations for a leading communication service provider in Malaysia.

• Advising 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.

• Representing a private limited company in resisting a claim of approximately RM480 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. 

• Advising an airport operator concerning its rights and liabilities arising from a network failure at one of the airports.  Assisting client with the relevant authorities particularly the Civil Aviation Authority of Malaysia and Malaysian Aviation Commission (MAVCOM).  

• Represented an airport operator against major airlines companies concerning the outstanding amounts arising from passenger services charges, late payment charges and other related airport charges. 

• • Successfully resisted an application for leave to commence judicial review against an alleged decision by the MAVCOM in the High Court and the Court of Appeal (Reported at [2019] 1 LNS 1317).

• • Successfully obtained a summary judgment for a sum approximately RM40 million.

• Represented 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 RM150 million.

• Represented 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.

• Represented a private limited company who is a concession holder concerning a no-frills hotel at KLIA.  The potential dispute is valued at RM200 million.

• Conducted a due diligence and comprehensive compliance audit on Civil Aviation Act 1969, Civil Aviation (Aerodrome Operations) Regulations 2016, Civil Aviation Regulations 2016 for an international oil and gas company concerning all its assets in Malaysia.

• 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).

• Harvard, Program on Negotiation, Mediation and Conflict Management (2021)
• Aranda Series: International Mediation Leaders Programme (2020)
• 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, Malaysian Society of Adjudicators
• Former Deputy Chair, CIArb Malaysia Branch
• Immediate Past Chair, Society of Construction Law (Malaysia)
• Committee Member, Malaysian Bar Council Construction Law and Climate Change and Environment Committee
• Fellow, Chartered Institute of Arbitrators (FCIArb)
• Fellow, Malaysian Society of Adjudicators (FMSAdj)
• Panel Arbitrator, AIAC, HKIAC and THAC.
• Panel Mediator, AIAC, MIMC, SIMI, SMC.
• Panel Adjudicator, AIAC.

• Visiting lecturer at International Islam University of Malaysia organised by CIArb, Malaysia Branch. 
• Approved Faculty for various CIArb’s ADR courses.
• 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 & 2018.
• Speaker, CIPAA Conference, KLRCA, Kuala Lumpur, 2016 & 2017.
• Tutor, AIAC’s Certificate in Adjudication, 2017 & 2018.
• Country Reporter, “International Commercial Arbitration: An Asia Pacific Perspective”, 2^nd Ed., Simon Greenburg, Chris Kee and Romesh Weeramantry, 2014.
• Author, chapter on Termination for “Introduction to Construction Law”, Society of Construction Law, 2017.
• Co-author, sub-topics on Mediation, LexisNexis Practical Guidance, 2017.
• Co-author, Environmental Law, Bullen & Leake Forms and Precedents Malaysia, 1^st & 2^nd Editions, 2018 and 2020.
• Co-author, Aviation Law, Bullen & Leake Forms and Precedents Malaysia, 2^nd Editions, 2020.
• Co-author, Annotated Statutes of Malaysia, Construction Industry Payment and Adjudication Act 2012 and Occupational Safety and Health Act 1994.
• Co-author, Halsbury’s Laws of Malaysia, Occupational, Safety and Health”, Vol. 26(2) (2020 Reissue).

• "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 (2019).
• “‘Shannon Rajan provides practical solutions and advice, is knowledgeable, responsive to the client needs and processes, makes himself available when needed, and is attentive and contactable.” - The Legal 500 (2022).