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Shearn Delamore & Co.

Rajasingam Gothandapani

Rajasingam Gothandapani

Partner

Expertise

  • Arbitration & Mediation
  • Dispute Resolution
  • Energy, Natural Resources & Green Technology
  • Environmental

WSG Practice Industries

Activity

Profile
Rajasingam graduated with First Class Honours from the International Islamic University in 1995 where he emerged as its Top Law Graduate and was awarded the Royal Gold Medal for Excellence by the Conference of Malay Rulers.

In University he successfully represented Malaysia and his alma mater twice in the International Rounds of the Philip C. Jessup International Law Moot Court Competition held in Philadelphia (1994) and in New York (1995), winning a number of awards.

He was called to Bar on 24.5.1996 and commenced legal practice began as a junior associate in the Firm's Dispute Resolution wing.

In his first year at the Bar he was awarded the British High Commissioner's Chevening Scholarship to pursue his Masters of Law (LL.M) in University of Cambridge, UK. On his arrival at the University he was awarded a second scholarship from the Cambridge Commonwealth Trust Society.

On obtaining LL.M (Cantab) he rejoined the Firm as one of its litigators. He was invited into full Partnership in 2003.

Rajasingam's shipping and maritime practice encompasses a comprehensive range of contentious (litigation and arbitration) and transactional matters on which he regularly advises a wide range of Malaysian and international maritime clients. He has continuously served on the Bar Council's Sub Committee for Shipping and Admiralty Law Committee.

He has practical knowledge and experience in environmental matters, regulatory compliance, environmental audits, tortious liability issues as well as Energy, Natural Resources and Green Technology related matters.

In relation to Compulsory Land Acquisition matters, Rajasingam undertakes Land Reference hearings, judicial reviews and appeals at all level of the Courts under the Land Acquisition Act 1960. He also appears before the State Appeal Boards in planning permission hearings and appeals under the various town and country planning legislation.

Rajasingam frequently advises on issues relating to anti-money laundering, anti-corruption, breach of trust, and securities legislation as well as represent clients in proceedings brought by the Public Prosecutor and the Securities Commission.

Rajasingam also advises on aboriginal / native customary rights and law in West Malaysia which of recent have come into conflict with rights alienated under the National Land Code 1960.

Bar Admissions

Malaysia (1996)

Education

► LL. B (Hons, 1st Class), International Islamic University of Malaysia (IIUM)
► LL.M (Hons, 2nd Class Upper) University of Cambridge (UK)
► M.A, University of Cambridge (UK)
► Fellow of the Chartered Institute of Arbitrators (CIArb)
► Advocate & Solicitor, High Court of Malaya
Areas of Practice

Arbitration & Mediation | Dispute Resolution | Energy, Natural Resources & Green Technology | Environmental | India Desk | Investigation & Crisis Management | Shipping & Maritime

Professional Career

Significant Accomplishments

► King's Gold Medalist (Best Law Graduate
► The Chevening (UK) Scholar
► The Cambridge Commonwealth Trust (UK) Scholar
► Asia Business Law Journal (2019 and 2020) - one of Malaysia's Top 100 Lawyers
► Asialaw Leading Lawyers (2014) - "Leading Lawyer" in Shipping, Maritime and Aviation
► Asialaw Profiles (2014 - 2016) - "Recommended Individual" in Shipping
► Asialaw Leading Lawyers (2015, 2016 - 2019) - "Leading Lawyer" in Dispute Resolution and Litigation, Energy & Natural Resources
► Asialaw Leading Lawyers (2020 and 2021) - "Distinguished Practitioner" in Shipping
► Chambers Asia-Pacific (2010 - 2021) - "Band 2" in Shippinp
► Expert Guides (2017 - 2019) - "Leading Practitioner" in Shipping
► IFLR1000 (2014 - 2017) - "Leading Lawyer" in Energy: Project Development
► IFLR1000 (2018 - 2021) - "Highly Regarded Lawyer" in Energy and Infrastructure and Project Development
► International Law Office: Client Choice Awards (2019) - Individual Winner for Litigation for Malaysia Jurisdiction

Professional Associations

► Member, Malaysian Bar
► Fellow, Chartered Institute of Arbitrators (CIArb)
► Member, International Bar Association (IBA)
► Member, London Court of International Arbitration
► Legal Advisor, Pure Life Society Malaysia


Professional Activities and Experience

► SHIPPING AND MARITIME

● Acted for one of the largest carrier in the world in a bunker dispute.

● Advised on agreements relating to construction and completion of a maritime port in Sarawak.

► INTERNATIONAL ARBITRATION

● Appeared as co-counsel with an English Silk (lead counsel) in an international arbitration in Paris, France involving a luxury yacht.

► LAND AND COMPULSORY ACQUISITION

● Advised State Authority and private entities on compulsory land acquisition.

● Judicially reviewed compulsory land acquisitions.

► CRIME

● Successfully acquitted a client charged under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.

● Represented a large media/ advertising agency in resisting forfeiture of assets proceedings under the Anti Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

● Defended employers-clients in prosecution by the Department of Occupational Safety and Health for alleged offences under the Occupational Safety and Health Act 1994 and its regulations.

► ENVIRONMENT

● Represented clients against strict liability offences under the Environmental Quality Act 1974.

● Advised international funds on civil and criminal liability for oil spills and oil pollution.
Articles

What Constitute Good Reasons for an Order to Sell a Vessel Pendente Lite?
Shearn Delamore & Co., June 2021

Shipping & Transport, MalaysiaFactsApplicable legal principlesPlaintiff's argumentDefendant's argumentDecisionCommentThis article examines the basis for an order for a sale pendente lite of a vessel that was arrested by a sheriff in in remadmiralty proceedings as security for the plaintiff's claim.(1) FactsOn 19 November 2017 the defendant's vessel, Shi Pu 1, collided with the plaintiff's bulk vessel, Winning Loyalty...

Shearn Delamore & Co. Legal Update February 2021
Shearn Delamore & Co., February 2021

DISPUTE RESOLUTIONWide order of injunction sought against online marketplace operator refused in the High CourtE-commerce has become an indispensable part of the country’s economy particularly with the Covid-19 pandemic. With its growing demand come legal challenges which are novel to Malaysia.Recently, our Dispute Resolution Partners K...

Kuantan Port Consortium Sdn Bhd v MT HE XIE HAO v Chem-Specialties Sdn Bhd (Suit No. WA-27NCC-77-10/2019)
Shearn Delamore & Co., January 2021

In an admiralty action, can an intervener, not being the proper defendant, apply to set aside a warrant of arrest of a vessel on non-traditional grounds. The traditional grounds of setting aside warrant of arrest are, inter alia: in excess or lack of jurisdiction...

Additional Articles

Articles & Publications:

► Has contributed many articles in the International Law Office's Legal Newsletter on Shipping and Transport including the following:

● Specialised Admiralty Court in the Making
● Government Reviews National Cabotage Policy
● Arresting Ships in Malaysian Waters to Secure a Claim in Arbitration
● Ownership, Registration, Transfer and Mortgage of Malaysian-Flagged Ships
● Actions In Rem: Practice and Procedure
● Act Amended to Allow Ship Arrest to Secure a Claim in Arbitration
● Proposed Arbitration Act Amendments on Ship Arrest
● Foreign Crew: Recognition of Competency Certificates
● New Admiralty Court Established for Resolution of Admiralty and Maritime Disputes
● Domestic Shipping Licence and Foreign Ship Managers
● Pre-empting Arrest: When Ship Owners Resort to Lodging a Caveat Against Arrest.


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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