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Practice Areas
Dispute Resolution

 

Arbitration; commercial and corporate litigation; enforcement of foreign judgments and arbitral awards; banking and insolvency; competition; communications and multimedia; data protection & privacy; entertainment.

She has acted in a wide range of disputes both in Court and in arbitration. She has appeared in disputes involving commercial transactions, technology related disputes and corporate disputes. She has been involved in a number of international commercial arbitrations held under the KLRCA & UNCITRAL Arbitration Rules, the SIAC Rules and the ICC Rules. She has been involved in a number of cases on various aspects of the law, including the first decision of the Malaysian courts on the legality of top up schemes in pension funds, the legality of incentive bonus schemes in the light of the Employees Provident Fund legislation and obligations of indemnification of dealers representatives in share trades. She handles advisory work for clients in relation to, inter alia, regulatory and legal matters involving communications and multimedia, media and entertainment law, consumer protection and privacy laws.

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Competition Law & Antitrust

Competition law advisory; compliance; audit, dispute resolution; regulatory advice and enforcement.

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Regulatory Compliance & Enforcement

Anti-money laundering, anti-corruption, breach of trust, financial regulations and securities legislation.

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Personal Data Protection & Privacy Laws

Advisory work on data protection and privacy policy.

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Qualifications

• LL.B (Hons), University of Bristol
• LL.M (Hons), University of Malaya
• Barrister-at-Law, Gray's Inn (London)
• Advocate & Solicitor, High Court of Malaya

Admission to the Bar

• England and Wales (1989)
• Malaya (1990)

Professional Memberships

• Fellow of the Chartered Institute of Arbitrators
• Member of the ADR Committee of the Malaysian Bar Council
• Member of the London Court of International Arbitration
• Member of the International Bar Association (IBA)
• Chair of the Technology & Communications Committee of the Inter-Pacific Bar Association [2009 – 2010]
• Firm Representative of the International Chamber of Commerce (ICC) Malaysia Arbitration Committee
• Member of the Legal Affairs Committee of the Malaysian International Chamber of Commerce and Industry

Awards and Recognition

• Chambers Asia Pacific 2014 - "Enters the rankings having earned significant praise from clients, who say: "She's very good in court, very sound in opinions and very fast, and she provides us with very practical solutions because not all matters have to be settled in court."

• Chambers Asia Pacific 2015 - "Shanti Mogan has a well-regarded practice with an emphasis on corporate, commercial and technology-related disputes. She is also adept in advising on regulatory compliance, data protection and competition law."

• Chambers Asia Pacific 2016 - "Shanti Mogan is particularly active in corporate, commercial and technological disputes, and is also instructed on competition, compliance and data protection matters. She is praised as a thoroughly "solid and reliable" practitioner."

• Chambers Asia Pacific 2017 - "Shanti Mogan's areas of expertise include general commercial litigation, data protection and competition. She recently acted for CIMB Bank in significant Court of Appeal and Federal Court proceedings concerning debtor liability and the law of assignments. She is also noted for her abilities as an arbitration counsel."

• Expert Guides 2015 - Women in Business Law in Commercial Arbitration.

• The Legal 500 Asia Pacific 2011 - "With renowned figures, the firm has more senior talent than most of its rivals."

• The Legal 500 Asia Pacific 2014 - a "Recommended Lawyer".

Publications

• Malaysian exclusive contributor to the International Law Organisation Arbitration Newsletter [2006 – 2011].
• Authored paper on Arbitration for Global Arbitration Review 2011.
• Country Rappouteur for the ICC Task Force on the New York Convention.
• Authored the Malaysian Chapter of the Asia-Pacific Arbitration Review 2008.
• Co-Authored article on the Arbitration Act 2005 for the Asian Dispute Resolution Journal.
• Presented papers at various conference including the following:

  • “APRAG 2011 – The Role of the legislative framework in striking a balance between court facilitation and intervention in the arbitral process.
  • “Dispute Management: Handling Disputes Arising From Mergers & Acquisitions” – “Mergers & Acquisitions Conference” organised by the Asia Business Forum.
  • “Obtaining Maximum Value from Outsourcing Legal Services” – Corporate Counsel Seminar organised by the Malayan Law Journal Sdn Bhd.
  • “Dispute Resolution, The Malaysian Perspective” – Alternative Dispute Conference organised by the Center for International Legal Studies.
  • “Negligence and Breach of Director’s skill and competence” – Protection of Minority Shareholders Conference organised by Lexis Nexis.
  • “Arbitration Act 2005: Change to the Landscape of arbitration in Malaysia” – Corporate Legal Counsel Conference.
Languages

English, Bahasa Malaysia, Tamil (spoken only)

Contact

Telephone: +603 2027 2921
Fax: +603 2034 2763
Email: shanti@shearndelamore.com

 
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