Senior Partner

Siva Kumar Kanagasabai

Senior Partner & Head of Dispute Resolution

Kumar is the firm’s Head of Dispute Resolution and Senior Partner who has been in legal practice for more than 30 years. He is actively involved in corporate and commercial litigation and arbitration with specialisation in maritime and shipping law, fraud and asset recovery, employment and general commercial disputes.

He has acted in complex and high value disputes including in one of the largest ever fraud recovery actions globally. He has been praised for his practical and pragmatic approach in finding solutions for clients involved in disputes.

Kumar’s experience in maritime and shipping issues is extensive. He has been engaged in various types of maritime related disputes including those involving in ship arrests, charterparty disputes, oil pollution claims, vessel detentions, cargo claims, commodity contracts and enforcement of ship mortgages under both conventional and Islamic facilities.

He also has an active arbitration practice. Apart from being appointed as arbitrator, he has acted as counsel in both domestic and international arbitrations, sought interim measures in support of foreign seated arbitrations and dealt with challenges to arbitral awards in the Malaysian Courts.

Kumar has been actively involved in employment issues and investigations. He has acted as lead counsel in a full range of employment-related disputes including in some landmark cases. Kumar is a regular contributor to law publications and is often invited to speak at legal conferences.

He is a Fellow of the Chartered Institute of Arbitrators.

Key Practice Areas

Maritime and Shipping
Commercial Litigation
Arbitration
Fraud and Asset Recovery
Employment

Work Highlights

Maritime and Shipping

Acting in inter-related claims for breach of ship management agreement in the High Court and an alleged breach of the bareboat charter agreement in arbitration involving a claim in excess of RM100m
Acting in a claim in excess of US$20m to set aside an arbitration award involving the sale and purchase of commodities involving shipping and incoterm issues
Acted in several claims where vessels were arrested as security for local and foreign seated arbitrations
Acted in an in rem claim by charterers for monies paid to operate a casino business on board a vessel
Acted in obtaining an order to prevent dealings with a luxury yacht under the Langkawi International Yacht Registry Act 2003 in a matter involving claims by a sovereign nation and issues of conflict of laws
Acted in an in rem claim involving crude oil delivery of approximately 1 million barrels worth in excess of US$76m
Acted in claim for undelivered cargo involving multiple claimants, issues on title to the cargo and priority/validity of security issues
Engaged by MLC underwriters in relation to unpaid crew claims
Acted as counsel for shipowner in multi-million dollar cross-border cargo damage claim in an international arbitration
Acted as counsel for ship owners in claims against port authorities for damage to a vessel during loading.
Acted as counsel in a multi-million dollar claim for alleged breach of bunker supply agreement as well as in other bunker supply claims.
Acted for mortgagees and receivers in enforcement and recovery actions against vessels.
Acted in a multi-million dollar shipbuilding contract and charterparty dispute.
Acted in ship arrests and setting aside orders for ship arrests in Malaysian ports in connection with various maritime claims.
Gave expert evidence on Malaysian law on ship arrest in an LMAA international arbitration whose seat of arbitration was in Singapore.
Acted in shipping-related insolvency matters, including for bank, receivers and liquidators in priority claims brought by an equitable mortgagee involving the liquidation of a shipyard.
Acted in an arbitration claim involving a breach of commodity supply contract.
Acted in various judicial sales of vessels including in applying to set aside arrest
Acted as counsel in a claim involving the novel issue of the jurisdiction of the admiralty court to arrest Vessels in the context of Malaysia having 2 High Courts with separate territorial jurisdictions
Advised and acted for clients in claims involving security over vessel and cargo and priority claims
Acted in ship collision matters including in rem claims in Court for loss or damage caused by a ship
Acted in claim for demurrage charges in excess of US$1.7m due to alleged misrepresentation on loading rate by service provide

Commercial Litigation and Arbitration

Acted as counsel in successfully obtaining an injunction to freeze assets in excess of US$76 million as an interim measure in aid of a foreign seated arbitration involving an oil trading dispute
Acting as co-counsel in a partnership dispute involving a leading Malaysian law firm
Acting as counsel in an arbitration in a bareboat charterparty dispute involving a claim in excess of RM100m
Acting as counsel in a claim for an alleged breach of warehouse services agreement
Acted as counsel in a domestic arbitration in relation to alleged breaches of a concession agreement involving total claims in excess of RM100 million where an injunction in aid of arbitration was sought.
Engaged as counsel to defend and challenge an arbitration award in the High Court and thereafter on appeal
Acting as co-counsel in a partnership dispute involving a large Malaysian law firm which has been referred to arbitration
Engaged as counsel in enforcement at common law of a foreign judgment in excess of RM140 million
Acted for the Defendant in a securities and margin financing claim in excess of RM600 million.
Acted for mutual organisation in a claim by a member against the mutual organisation on the right to seek support.
Acted as counsel in a land dispute where a challenge was made on the indefeasibility of registered title and which involved allegations of illegality and forgery.
Acted for major insurance companies in obtaining vesting orders in relation to business transfers.
Acting as counsel for the Malaysian Bar in seeking an injunction in a claim against a leading corporation for carrying on practices within the exclusive domain of lawyers

Fraud and Asset Recovery

Acted in one of the largest ever fraud recovery actions globally against the shadow director, parties who participated in the fraud and provided dishonestly assistance; as well as beneficiaries who knowingly received company assets.

Engaged to act in various fraud recovery action against directors, employees and third parties who facilitated fraud/misappropriation of monies.

Acted in a multi-jurisdictional recovery action against the Defendant who had defrauded a foreign company, including obtaining injunctions and other interim orders.

Acted in investigations/inquiries into fraud and corruption by employees including where the FCPA applied.

Employment

Acted as counsel in the Court of Appeal in Telekom Malaysia Kawasan Utara v Krishnan Kutty Sanguni Nair [2002] 3 CLJ 314 which in the landmark case which decided the standard of proof to be applied in unjust dismissal claims.

Advised local and international clients to crisis manage issues for companies in Malaysia in respect of senior management misconduct, acting in excess of authority and other wrongdoing and removal of senior personnel, including in the context of the US Foreign Corrupt Practices Act.

Advised on employment aspects in mergers and acquisitions and takeovers.

Acted as Counsel in the Court of Appeal in a matter involving an important point of law about the legal rights of an employee after privatization.

Acted as Counsel in the Court of Appeal and as junior counsel in the Federal Court in the landmark case of Padiberas Nasional Bhd. V Zainon Ahmad [2011] 8 CLJ 38 on the effect of a voluntary separation scheme on the rights and obligations of parties under the contract of employment.

Acted in various claims for unjust dismissal involving senior management including claims of abuse of position, sexual harassment and breaches of duty.

Acted as counsel in a claim by 292 employees of fraud, misrepresentation and conspiracy on the part of a corporation in a VSS exercise.

Advised on various industrial relations matters, issues relating to trades union competency and locus standi of trade union to represent employees, including as junior in the landmark case of Kesatuan Kebangsaan Wartawan Malaysia v Syarikat Pemandangan Sinar Sdn. Bhd. on the effect of a business transfer on a collective agreement.

Acted in various contractual claims involving employees including in Abracadabra Speculative Ventures Inc. v Colin David Patterson [2014] 1 LNS 1491 which involved the interpretation of a contract in relation to a bonus claim.

Acted in various actions involving breach of confidentiality and tortious acts by employees.

Acted as Counsel in a claim against a statutory body on the legality of the appointment of a senior employee (High Court decision reported as Kesatuan Pekerja-pekerja Dewan Bahasa dan Pustaka v Lembaga Pengelola Dewan Bahasa dan Pustaka [2010] LNS 431).

Acted in various judicial review applications involving challenges against decisions of the Industrial Court or the Minister of Human Resources, including in Hasni Hassan v Menteri Sumber Manusia [2013] 6 CLJ 74; Germax Sdn. Bhd. V Menteri Sumber Manusia [2002] 5 CLJ 466.

Acted as counsel in the Court of Appeal case of Germanischer Lloyd Industrial Services Asia Sdn Bhd v Raza Amin [2022] 10 CLJ 333 which upheld the decision of the Industrial Court that the constructive dismissal of the Country Manager due to widespread inflating of timesheet by his organisation was with just cause or excuse.
Investigations into various cases involving allegations of of employee fraud, misconduct and corruption

Qualifications & Professional Affiliations

Qualifications

Diploma in International Arbitration, Chartered Institute of Arbitrators (2012)
Advocate and Solicitor, High Court of Malaya (1995)
LL.B (Hons), Adelaide (1994)
Bachelor of Commerce, Adelaide (1993)

Professional Affiliations

Fellow, Chartered Institute of Arbitrators
Member, Shipping & Admiralty Law Committee, Bar Council
Council member of Ikhtisas Kelautan Malaysia (Association of Malaysia’s Maritime Professionals)
Jurisdiction Council Member for Malaysia & Vice-Chair, Anti-Corruption and Rule of Law Committee, Inter-Pacific Bar Association
Panel member, Asian International Arbitration Centre (AIAC)

Publications and Talks

Author, Malaysian Court Practice – Appellate Court: Courts of Judicature Act 1964 (update), Rules of Court of Appeal and Rules of the Federal Court 1995 (update) (2024)
Author, Malaysian Chapter in “Remedies for International Sellers of Goods – 2nd Edition”, Juris Publishing (2012).
Author, Malaysian Chapter in Restrictive Covenants and Trade Secrets in Employment Law, American Bar Association (2011).
Contributing Editor, Malaysian Civil Procedure, Sweet & Maxwell Asia.
Author of Halsbury’s Laws of Malaysia Employment (Original & 2007 Reissue) and Industrial Relations (Original & 2007 Reissue)

Accolades

Listed as a “Leading Partner” for Shipping by Legal 500 Asia Pacific 2020–2025
Listed as a “Leading Partner” for Labor and Employment by Legal 500 Asia Pacific 2021-2025
Ranked in Chambers Asia-Pacific from 2018 – 2025 for Shipping
Ranked by Chambers Asia-Pacific from 2018 – 2025 for Employment and Industrial Relations
Recognised as a recommended ‘Global Leader’ in the Who’s Who Legal: Transport – Shipping 2020 – 2024
Listed in Malaysia Top 100 lawyers by Asian Business Law Journal 2019-2024
Listed as a “Litigation Star” by Benchmark Litigation Asia-Pacific 2018 – 2024
Listed as a “Leading Lawyer” by Asialaw Profiles 2018 – 2023 Edition for Labour and Employment
Listed as a “Leading Lawyer” by Asialaw Profiles in 2017 – 2019 Edition for Shipping, Maritime and Aviation

Client Testimonials

'His impressive experience in handling disputes has always proved to garner outcomes that are commercially positive whilst keeping us within the confines of the law. '

"Siva Kumar Kanagasabai has sound legal knowledge and provides strong commercial guidance."

‘He has strong understanding of the subject matter and provides practical solutions.’ -

'Siva Kumar Kanagasabai has a pragmatic approach and deals well with issues at hand.'

‘He is always quick to respond and provides good support as may be required.’