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Practice Areas
Dispute Resolution

Civil, commercial and corporate litigation; arbitration; environmental law; product liability; medical malpractice law and insurance law.

He has been featured in a number of reported cases in various areas of the law, including the first decision of the Court of Appeal on the existence of a duty of care owed by one user of the environment to another, the first decision of the Federal Court on the recoverability of pure economic loss in negligence, the first decision of the Federal Court on the scope of statutory immunity for local authorities, the first decisions of the High Court and Court of Appeal on the jurisdiction of Malaysian Courts under the Arbitration Act 2005 to grant interim relief for foreign-seat arbitrations, the first decisions of the High Court and Court of Appeal on the effect of an arbitration clause on proceedings brought by minority shareholders for oppression under Section 181 of the Companies Act 1965,and the first decision of the High Court on the powers and obligations of the Human Rights Commission of Malaysia.

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Qualifications

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

Admission to the Bar

• England and Wales (1990)
• Malaya (1992)

Professional Memberships

• Member of the Inter-Pacific Bar Association (IPBA) (2003-2014)

  • Vice-Chair of the Insurance Committee (2004-2005)
  • Chair of the Insurance Committee (2005-2008)
  • Jurisdictional Council Member representing Malaysia (2009-2014)
  • Vice-President of the Inter-Pacific Bar Association (2014-2015)
  • President-Elect of the Inter-Pacific Bar Association (2015-2016)
  • President of the Inter-Pacific Bar Association (2016-2017)

• Member of the Professional Indemnity Insurance Committee of the Bar Council of Malaysia (2004-2016)
• Member of the Investigating Tribunal investigating complaints against Advocates and Solicitors (2002-2008)
• Life Member of the Asean Law Association of Malaysia
• Medico-Legal Society of Malaysia

  • Life Member
  • Committee Member (2009-2010)
  • Vice-President (Legal) (2010-2014)
  • President (2014-2016)

• Member of the IMU Joint-Committee of the Research and Ethics Committee of the International Medical University, Malaysia (2011-2016)
• Member of the International Bar Association (2001-2005, 2011-2016)
• Member of the Civil Procedure Rules Committee of the Bar Council of Malaysia (2002-2005)
• Member of the Ad-Hoc Rules Committee of the Bar Council of Malaysia (2005-2006)
• Member of the Bar Council of Malaysia's Task Force on the Rules of Court (2008-2010)
• Member of the Bar Council of Malaysia’s Court Liaison Working Group – High Court (Commercial) (2011-2012)
• Member of the Bar Council of Malaysia’s Task Force on Combined Rules and Rules of Court (2013-2016)
• Member of the World Association for Medical Law (2004)
• Committee Member of the Malaysian Chapter of the Honourable Society of Gray's Inn (2010-2012)

Awards and Recognition

• Named as one of the leading litigation lawyers in Malaysia in the Guide to the World’s Leading Litigation Lawyers (2007) published by The Legal Media Group (part of Euromoney Institutional Investor PLC)
• Named as a recommended Malaysian dispute resolution lawyer in the Asia Pacific Legal 500 (2009/2010 and 2015) published by Legalease, England.
• Named as a leading practitioner in The International Who’s Who of Insurance & Reinsurance Lawyers (2013/2014) and Who’s Who Legal: Insurance & Reinsurance (2015 and 2016) published by Who’s Who Legal, England
• Named as a Notable Practitioner in the Chambers Asia Pacific Guide (2015) published by Chambers & Partners, England, which stated that “Dhinesh Bhaskaran is establishing a solid reputation in the market for the breadth of his practice, which covers disputes from environmental law and medical malpractice to corporate and insurance. Recently, he successfully defended Nusa Gapurna against a claim for pre-emption rights over MYR800 million of shares.”
• Named as a leading practitioner in Who’s Who Legal: Litigation (2015) published by Who’s Who Legal, England
• Named as a Notable Practitioner in the Chambers Asia Pacific Guide (2016) published by Chambers & Partners, England, which stated that Dhinesh “is commended for his "strong legal knowledge" and responsiveness. He deals with cases across the spectrum, ranging from environmental matters to shareholder disagreements.”
• 
Named as a Notable Practitioner in the Chambers Asia Pacific Guide (2017) published by Chambers & Partners, England, which stated that Dhinesh “has a solid reputation in the market, with peers highlighting him as a "very sound and a good lawyer." His practice encompasses commercial litigation and arbitration, medical malpractice and environmental disputes.”

Publications

• Author of the Malaysian Chapter in 'International Product Liability' published by Juris Publishing, Inc, USA (2012).
• Author of an article entitled ‘The Legal And Ethical Implications Of Clinical Practice Guidelines in Malaysia’ in the December 2012 issue of the Newsletter of the Singapore Medical Association.
• Advisory Editor for the section on Limitation of Actions in Volume 17 of Halsbury’s Laws of Malaysia.
• Co-author of the Malaysian Chapter in The International Comparative Legal Guide to Product Liability published by the Global Legal Group Ltd, England (2004-2006).
• Contributor of the section on Malaysia in Freezing and Search Orders, 4th Edition, 2006 published by Informa Publishing Group Ltd, England.
• Author of an article entitled ‘Which Code To Follow?’ in the January 2008 issue of the Casebook published by the Medical Protection Society, London, England.
• Author of an article entitled ‘The Enforceability Of Liquidated Damages Clauses In Malaysia’ in the March/April 2004 issue of the International Business Law Bulletin published by the Center for International Legal Studies, Salzburg, Austria.

Languages

English, Bahasa Malaysia, Malayalam and Tamil

Contact

Telephone: +603 2027 2897
Fax: +603 2034 2763
Email: dhinesh@shearndelamore.com

 
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