Mediator Resume

Specialize in commercial and contractual disputes with a focus on complex commercial transactions. Skilled in analysis of technical matters. Well versed in contractual interpretation, waiver and estoppel, damage assessment and regulatory and statutory compliance issues.

Navaratnam Chambers - Principal Partner, Barrister

Counsel, Arbitrator, Mediator, Adjudicator

Principal, Navaratnam Chambers, 2013-Present; Independent Arbitrator, 2006-Present; Independent Mediator, 2007-Present; Adjudicator, 2014-Present; Partner, Head of Litigation, Messrs. Kadir Andri & Partners, 2001-2013; Partner, Zul Rafique & Partners, 2000-2001.

CORPORATE & COMMERCIAL Extensive experience in company law and commercial contract litigation involving statutory compliance, insolvency and contractual interpretation. ENERGY & TECHNOLOGY & TELECOMMUNICATIONS Advised and represented clients on energy procurement, broadcast licensing and network sharing facilities. Served as counsel in several complex high value power purchase agreement arbitrations and several technology procurement contracts for media, logistics and non-fossil fuel industries. INSURANCE Dealt with insurance claims concerning professional indemnity material defects and building construction. INFRASTRUCTURE & PROJECTS, INDUSTRIAL & MANUFACTURE Advised and represented clients on disputes involving construction of airport facilities, oil & gas infrastructure, long distance highway projects, large scale commercial developments including issues involving design defects, time and cost quantification, geology and material selection and engineering issues, reforestation and technology contracts, telecommunications and broadcast.

Mediated disputes concerning construction claim, legal fee arrangement, shareholder and employee separation scheme and commercial contract dispute. Served as counsel in several claims referred to mediation and negotiated numerous settlements without mediation on behalf of clients.

Quantification of claim amounts, interpretation of commercial terms and statutory duties, comprise of claims and substitution of entitlements.

I commence every mediation with an agreed mediation process outlined in a written agreement covering my terms of appointment and all disclosures and confidentiality obligations and protections. I then ask for each parties positions and documents to be submitted containing as much information as the parties are willing to submit and ask for an undertaking that party representatives who attended the mediation will have full authority to settle the dispute where possible. Each mediation hearing commences with an outline of my duty to hear the parties, respect confidentiality and to disclose private communications only with permission. I start by allowing parties to express their view in joint session or by speaking with them privately before commencing a joint session. I employ facilitative techniques to begin with and only employ evaluative techniques first in private and then in joint session if parties agree. Where it appears that areas of resolution may be possible, I may switch to a transformative approach in suitable cases. My philosophy is that even if the mediation fails, parties should have at least achieved some narrowing of the issues and leave without feeling the process has simply been used for tactical reasons.

Familiar with and accustomed to online communications platforms like Microsoft Teams, Zoom and Webex. Fluent in standard Microsoft programs. Fluent with case management software such as Opus 2 and able to conduct hearings and render awards in a paperless environment.

Monash University (LLB-1986) Monash University (BSC-1984).

Admitted to the Bar: Malaysia (1988). Chartered Arbitrator (2006).

Chartered Institute of Arbitrators; Malaysian Institute of Arbitrators; International Chamber of Commerce, Malaysia Branch; Malaysian Mediation Centre, ICC Commission on ADR, Council member ICC Institute of World Business Law

A Trial Lawyer’s Companion - a handbook for Civil Trial Practice in Malaysia. Sweet & Maxwell 2017; A Manual for Legal Secretaries and Paralegals - Sweet & Maxwell 2005; Litigation Practice Guide - Sweet & Maxwell 2005; Speaker at Asia ADR Week in 2021; Speaker at Malaysian Institute of Arbitrator’s 7th Annual Law Review in 2021; Speaker at Arbitration-in-Practice Workshop for various organizations such as Asian International Arbitration Centre and Malaysian Bar in 2021, 2022 & 2023; Speaker at Malaysian Bar’s Joint Symposium on “The Apology as a remedy in Malaysia and Hong Kong” in 2023; Speaker at Malaysian Bar’s International Malaysian Law Conference in 2023. Speaker Malaysian Bar Legal Writing Seminar, Speaker and Moderator ICC Malaysia Day 2023 and 2024, Speaker AALCO Arbitration Forum 2025, Speaker CiArb AIAC Asean Arbitration Conference 2025, Moderator ICC Corporate Counsel Forum

Kuala Lumpur

Hourly Rate: $1,000.00 Daily Rate: Not provided Study Rate: $1,000.00/hr Cancellation: $1,000.00/Day Cancellation Period: 14 Days Comment: Fee is indicated in USD

English; Malaysian

Malaysia

Malaysia