Shannon is a disputes partner in the Infrastructure, Construction and Engineering practice and co-heads the Occupational, Safety and Health practice.
His practice focuses on advising parties in the construction industry for the entire life cycle of the project. This encompasses advisory for tender and project documentation and project advisory work on a wide range of infrastructure projects including power and utilities projects, private sector projects particularly airports, rail, and road. His contentious work arising from projects have been mainly in arbitration (both international and domestic), mediation and litigation and a large majority of cases were factually and legally complex, engaging multi-disciplinary technical issues.
His construction practice has evolved to include key sectors in environmental and occupational, health and safety matters (collectively, “ESH”). He advises domestic and multi-national corporations on all aspects of ESH compliance and dealings with/investigations by the Department of Environment and Department of Occupational Safety and Health. He has been involved in defending complex ESH litigation and enforcement actions in civil and criminal courts and statutory appeals board. He has vast experience in crisis management and dealing with the immediate aftermath of incidents involving fatalities, serious personal injuries, or significant environmental damage. His key clients include Petronas and PTT Exploration and Production Public Company Limited, 5N Plus Inc and LyondellBasell Industries.
He has an active aviation practice focusing on a wide range of issues relating to airport operations including technical and economic regulatory compliance, large-scale complex construction projects, concession contracts and tenancies and leases for all 39 airports in Malaysia. He acted as lead counsel for Malaysia Airports against AirAsia Berhad and AirAsia X Berhad to successfully recover unpaid passenger service charges and late payment charges, the decision of which clarified the law on the dispute resolution jurisdiction between Malaysian Aviation Commission and the Malaysian courts. He is presently the co-counsel for a series of related litigation between Malaysia Airports and AirAsia including the landmark decision AirAsia X Berhad’s scheme of arrangement.
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 and the Malaysian and Singaporean international mediation centres. He has acted as a sole arbitrator and as counsel under UNCITRAL, SIAC, AIAC rules and in ad-hoc cases, and frequently mediates construction, environmental and aviation disputes.
He speaks regularly in domestic and international conferences, and has also authored chapters in key areas of his practice namely; Aviation and Environmental Law, Bullen & Leake Forms and Precedents Malaysia (Sweet & Maxwell, 2018 and 2020) and Annotated Statutes of Malaysia on Construction Industry Payment and Adjudication Act 2012, Occupational Safety and Health Act 1994 and Mediation Act 2012 (LexisNexis, 2019 and 2020).
He was named as “Commended External Counsel of the Year” by In-House Community for three consecutive years (2017-2019), shortlisted as Young Lawyer of the Year at ALB Malaysia Law Awards 2019.
Key Practice Areas
- Construction Litigation, Arbitration and Adjudication
- Aviation Disputes
- Occupational Safety and Health
- Environmental law
- 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 RM1 billion. The dispute was successfully resolved through ad hoc mediation.
- 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 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 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 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 USD20 million (Reported at [2017] 1 LNS 945).
- 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 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.
- 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.
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- 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).
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- 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 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.
- Represented 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.
- 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 OSHA. The incident occurred when a local and a foreign worker died following an ammonia leakage in the plant.
- Represented a subsidiary of Swiss parent company for breaches under the OSHA 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 arising from a fatal workplace accident at a thermoplastic plant which caused a death.
- Conducted a due diligence and comprehensive compliance audit on OSHA, Factories and Machineries Act 1967, Petroleum (Safety Measures) Act 1984 and their related regulations for an international oil and gas company concerning all its assets in Malaysia.
- Conducted an OSHA audit and advisory for a private limited company concerning its 12-storey building comprising facilities and amenities for the banking industry in Kuala Lumpur.
- Represented a subsidiary for a Singaporean parent company in a criminal suit for allegedly discharging pollutants or environmentally hazardous material into inland waters.
- Represented 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.
- Represented a subsidiary for an American parent company, which manufactures industrial organic chemicals in a criminal suit for allegedly for allegedly discharging industrial effluent into inland waters in contravention of Environmental Quality (Industrial Effluent) Regulations 2009.
- Advising a private equity firm, which acquired a Malaysian manufacturing company in respect of potential infringement under the Environmental Quality Act 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.
- Conducted a due diligence and comprehensive environmental compliance audit 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).
- 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 RM60 million.
- Represented a developer against a company in a dispute concerning the sale and purchase of a property, which is valued at approximately RM5 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 RM150 million.
- Representing a subcontractor against the Public Works Department together with the AG’s chambers in a dispute concerning loss and expense claims arising from the extension of time granted in an upgrading of roadworks project in Johor.
- 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, 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, Mediator and Adjudicator, AIAC
- Panel Mediator, Malaysian Mediation Centre, Singapore International Mediation Institute and Singapore Mediation Centre
- Visiting lecturer at International Islam University of Malaysia organised by Chartered Institute of Arbitrators, 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”, 2nd 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, 1st & 2nd Editions, 2018 and 2020.
- Co-author, Aviation Law, Bullen & Leake Forms and Precedents Malaysia, 2nd 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)