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Thayananthan Baskaran

Call 2000

Thaya is an adjudicator, arbitrator and mediator based in Kuala Lumpur with chambers in London. Thaya has experience in domestic and international matters, as well as, ad hoc and institutional proceedings.

Thaya has been appointed as arbitrator in a variety of commercial disputes, including disputes arising from development agreements and joint venture agreements. Thaya was appointed as an adjudicator in the fifteenth adjudication registered by the KLRCA under the Malaysian Construction Industry Payment and Adjudication Act 2012 and now regularly sits as an adjudicator. Thaya also sits as a mediator in Kuala Lumpur and Singapore.

Thaya has been a Co-Editor of Construction Law International since 2014-; and a Co-Editor of Construction Law Digest since 2011-;.

Adjudication

Selected Cases

Contractor v Employer

  • Claim for work done in excess of USD 1 million.
  • Governed by the KLRCA Adjudication Rules, appointed by the KLRCA.

Consultant v Employer

  • Claim for consulting engineering services performed in excess of USD 40 thousand.
  • Governed by the KLRCA Adjudication Rules, appointed by the KRLCA.

Contractor v Employer

  • Claim for work done and performance bond in excess of USD 1 million.
  • Governed by the KLRCA Adjudication Rules, appointed by the KLRCA.

Consultant v Employer

  • Claim for value engineering services in excess of USD 100 thousand.
  • Governed by the KLRCA Adjudication Rules, appointed by the KLRCA.

Subcontractor v Main Contractor

  • Claim for unpaid certified sum in excess of USD 400 thousand.
  • Governed by the KLRCA Adjudication Rules, appointed by the KLRCA.

Contractor v Employer

  • Claim for work done in excess of USD1 million.
  • Governed by the KLRCA Adjudication Rules, appointed by the KLRCA.

Arbitrators

Selected Cases

Joint Venture Partner v Joint Venture Partner:

  • Claim for specific performance for transfer of land.
  • Ad-hoc arbitration, appointed by the KLRCA.

Owner v Developer:

  • Claim for general damages to be quantified.
  • Ad-hoc arbitration, appointed by the KLRCA.

Mediators

Selected Cases

Owner v Developer & Ors

  • Claims for defects in excess of USD 4 million.
  • Governed by the SMC Mediation Rules, appointed by the SMC.

Main Contractor v Employer

  • Claims for retention sums, variations and loss & expense for delay in excess of USD 200 thousand..
  • Ad-hoc mediation, appointed by agreement of the parties.

Qualifications


ACADEMIC QUALIFICATIONS

  • Diploma in Investment Analysis, Research Institute of Investment Analysts Malaysia, Kuala Lumpur
  • Diploma in International Arbitration, Chartered Institute of Arbitrators, London
  • LLB (Hons), King’s College, London

PROFESSIONAL QUALIFICATIONS

  • Barrister, Gray’s Inn, London;
  • Advocate & Solicitor, High Court of Malaya
  • Fellow, Chartered Institute of Arbitrators, London;
  • Fellow, Dispute Board Federation, Geneva;
  • Fellow, Hong Kong Institute of Arbitrators;
  • Fellow, Malaysian Institute of Arbitrators, Petaling Jaya;
  • Fellow, Malaysian Society of Adjudicators, Kuala Lumpur;
  • Fellow, Singapore Institute of Arbitrators;
  • Certified Adjudicator, Kuala Lumpur Regional Centre for Arbitration;
  • International Accredited Professional Mediator, Mainland-Hong Kong Joint Mediation Centre;
  • SIMI Accredited Mediator Level 1, Singapore International Mediation Institute;
  • SMC Associate Mediator, Singapore Mediation Centre; and
  • Incorporate, Chartered Institute of Building, Bracknell.

 

Memberships


PANELS

  • The Dispute Board Federation, Geneva: (Expert Panel)
  • Hong Kong International Arbitration Centre: (List of Arbitrators)
  • Indonesian National Board of Arbitration: (Panel of Arbitrators)
  • Kuala Lumpur Regional Centre for Arbitration: (Panel of Adjudicators, Arbitrators, Emergency Arbitrators and Mediators)
  • London Court of International Arbitration: (Database of Neutrals)
  • The Mediation Centre Dubai: (Panel of Mediators)
  • Singapore International Arbitration Centre: (Reserve Panel of Arbitrators)

PROFESSIONAL COMMITTEES AND OTHER PROFESSIONAL ACTIVITIES

  • Chairman, Chartered Institute of Arbitrators Malaysia Branch, 2017-;
  • President, Society of Construction Law Malaysia, 2016-2017;
  • Co-Deputy Chairperson, Malaysian Bar Council Arbitration and Construction Law Committee, 2017-;
  • Honorary Auditor, King’s College London Alumni Malaysia, 2017-;
  • Asia Representative, International Chamber of Commerce (ICC) Young Arbitrators Forum, 2014-2016;
  • Member, ICC Consultative Task Force for the Revision of the ADR, Expertise and Dispute Board Rules, 2014-2016;
  • Member, Expert Committee, Revision of the KLRCA Arbitration Rules; 2017-;
  • Committee Member, ICC Malaysia Arbitration Committee, 2016-;
  • Committee Member, Malaysian Bar Council Human Rights Committee, 2015-;
  • Committee Member, Malaysian Chapter of the Honorable Society of Gray’s Inn, 2015-;
  • Judge, Philip C Jessup International Law Moot Competition, 2013-;
  • Judge, LawAsia International Moot Competition, 2014-;
  • Marshal, Technology and Construction Court, Queen’s Bench Division, High Court of Justice of England and Wales, 2012.

MEMBERSHIPS

  • Advocate & Solicitor, High Court of Malaya
  • Certified Adjudicator, Kuala Lumpur Regional Centre for Arbitration
  • Fellow, Chartered Institute of Arbitrators, London
  • Fellow, Dispute Board Federation, Geneva
  • Fellow, Hong Kong Institute of Arbitrators
  • Fellow, Malaysian Institute of Arbitrators, Petaling Jaya
  • Fellow, Malaysian Society of Adjudicators, Kuala Lumpur
  • Fellow, Singapore Institute of Arbitrators
  • International Accredited Professional Mediator, Mainland-Hong Kong Joint Mediation Centre
  • Incorporate, Chartered Institute of Building, Bracknell
  • SIMI Accredited Mediator Level 1, Singapore International Mediation Institute
  • SMC Associate Mediator, Singapore Mediation Centre

Recommendations


Thayananthan Baskaran is “making a name for himself in the arbitration construction circle.”

Chambers & Partners 2017


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