Trishelea Ann Sandosam Partner

Contact
T +603 2081 3999 ext 804
E trishelea.sandosam@skrine.com
 

Overview

Trishelea’s focus is in the field of maritime and shipping. The breadth of her experience encompasses advisory and advocacy work for a broad range of local and foreign clients in relation to arrests of vessels (including arrests as security for arbitration), collision claims, cargo disputes, oil pollution claims, carriage of dangerous goods, charterparty disputes, detention of vessels by authorities, FOB and CIF contracts, and enforcement of ship mortgages under both conventional and Islamic facilities. 

In addition, she has experience in general civil & commercial litigation. She also handles contentious and non-contentious employment and industrial relations law work and is able to advise on the full spectrum of employment matters from hiring to dismissal. 
 
 

Key Practice Areas

  • Maritime and Shipping
  • Commercial Litigation and Arbitration
  • Employment Disputes
 

  • Acted as junior counsel in representing a major ship-owning company in an international arbitration initiated by cargo interest for alleged damage to cargo of palm oil during voyage.
  • Advised various clients, including Maritime Labour Convention  underwriters, on crew claims and abandonment of vessel by crew.
  • Advised on oil pollution claims and environmental protection legislation in Malaysia.
  • Acted as counsel and junior counsel in representing various local and foreign mortgagees in enforcement of mortgage claims, under conventional and Islamic facilities.
  • Advised on claims arising from explosions on board a chemical tanker during loading resulting in property damage and fatalities.
  • Assisted in representing shipowners in matter involving detention of vessel by the Malaysian Maritime Enforcement Agency for alleged contravention of the Merchant Shipping Ordinance 1952.
  • Advised shipowners in claims against charterers for detention and demurrage.
  • Advised on claim by classification society.
  • Advised major terminal operators in Malaysia on rights and remedies available arising from collapse of Hanjin Shipping line.
  • Assisted in representing charterers in dispute which required application for injunction to compel the discharge of the client’s cargo from vessel.
  • Acted as junior counsel for charterers, freight forwarders and ship managers in disputes against shipowners.
  • Advised on recognition of foreign maritime liens under Malaysian law.
  • Acted as junior counsel for various claimants in arrest of vessels as security for claims in Malaysian courts and local and foreign arbitrations, and in applications for omnibus orders, sale of vessels and determination of priorities and payment out.
  • Supervised service of writs and warrants of arrest on vessels by court bailiffs in various ports throughout Malaysia.

  • Assisted in common law enforcement of multi-million-dollar foreign Indonesian judgment in Malaysia. 

  • Acted as counsel to successfully stay proceedings in the Malaysian court in favour or foreign arbitration.
  • Assisted in resisting winding-up petition issued against company.
  • Acted as counsel to successfully strike out an insurance claim in excess of RM1 million.
  • Acted as junior counsel in the Federal Court in case which raised important issues of public interest on the conduct of disciplinary proceedings brought against an advocate and solicitor, and involved determining the scope of a complaint which may be inquired into by the Disciplinary Committee (DC), the functions of the DC and whether charges need to be framed against an advocate and solicitor in disciplinary proceedings.
  • Advised multiple defendants in matter involving the setting aside of an Anton Piller order, order under the Bankers Book (Evidence) Act 1949 and prohibitory injunction.

  • Assisted in representing an employer to obtain specific performance of the terms of a settlement agreement, and injunct one of its ex-employee from commencing/pursuing claims against it, in a case which was one of the first of its kind in Malaysia.
  • Assisted in representing a company successfully in the Court of Appeal and Federal Court in an action brought by over 600 former employees, claiming termination benefits after leaving on a voluntary separation scheme.
  • Acted as junior counsel representing liquidators in an action to resist an application by an ex-employee for leave to pursue an action for non-compliance against a company in liquidation.
  • Acted as junior counsel to successfully defend claim by 292 employees alleging fraud, misrepresentation and conspiracy in a VSS exercise.
  • Acted as junior counsel for in an action brought by a former employee in the Industrial Court for dismissal on grounds of misconduct.
  • Drafted and reviewed letters of offer, employment agreements, consultant agreements, employee handbooks, letters of termination, warning letters and secondment agreements.
  • Advised on employment issues arising from transactions involving the transfer of business/assets, including assisting in due diligence exercises.
  • Advised companies on mutual separation schemes and voluntary separation schemes.
  • Advising on employment issues arising from retrenchment or closure of business.
  • Assisted in defending 19 companies in action brought by former employee and director for payment of termination benefits and director’s allowances and emoluments.

Qualifications:
  • LL.M (Maritime Law), University College London (2015), Chevening Scholar
  • Advocate and Solicitor, High Court of Malaya (2012)
  • Barrister-at-Law (Lincoln’s Inn) (2010)
  • LL.B (Hons), University of Manchester (2009)
 Professional Affiliations:
  • Committee Member, International Malaysian Society of Maritime Law.
  • Co-chair, Maritime Arbitration Committee, Young Practitioners Group, Asian International Arbitration Centre.
  • Committee Member, Shipping & Admiralty Law Committee, Bar Council of Malaysia.

Authored the following publications:
  • Co-author, Malaysian chapter in Lexology Getting the Deal Through (Shipping),  2018, 2019 & 2020.
  • Co-author, “Remedies for International Sellers of Goods, Second Edition, 2019.
  • Author, “The Seafarers’ Bill of Rights”, Skrine’s Legal Insights Issue 1/2017 (also published in the Pacific Rim Advisory Council, E-Bulletin).
  • Author, “Trouble at Sea – Is the End in Sight?”, Malaysian Institute of Arbitrators Newsletter Issue 1/2017.
  • Author, “Switch at Your Own Risk”, Skrine’s Legal Insights Issue 1/2016.
  • Co-author, “Red Flags on High Seas”, Skrine’s Legal Insights Issue 3/2014 (also published in the Pacific Rim Advisory Council, E-Bulletin).
  • Author, “Going Separate Ways, Skrine’s Legal Insights Issue 4/2012.
  • Author, “Great Expectations”, Skrine’s Legal Insights Issue 1/2012.
 
Delivered the following presentations/talks:    
  • Speaker, “Admiralty and Enforcement of Maritime Claims”, December 2020, presentation to various ports.
  • Co-speaker, “Shipbuilding Contracts and Arbitration” webinar, July 2020.
  • Co-Course Director and speaker, “Admiralty Law”, IMSML’s Certificate Course as an Introduction to Maritime Law, 21 & 22 August 2019.
  • Speaker, “Cargo Claims after Volcafe and Ors v. CSAV”, AIAC, April 2019.
  • Co-speaker, “Don’t Wreck Your Case! Understanding Limitations in Shipping”, August 2018.
  • Panellist, “The Belt & Road & Shipping Industry: New Possibilities – Old Problems”, AIAC, December 2017.
  • Co-speaker, “Maritime Law & Practice in Malaysia”, AIAC, September 2017.
  • Speaker, “Cargo Claims”, May 2017.
  • Speaker, “Fundamentals of Admiralty Law in Malaysia”, Kuala Lumpur Bar, November 2016.
  • Co-speaker, “Enforcement of Ship Mortgages”, presentation to various banks in 2013.