SHAILENDER BHAR

shailender

FOUNDING PARTNER

Barrister-At-Law (England & Wales)

Advocate & Solicitor (Malaya)

Accredited Mediator (MMC)

Fellow and Certified Mediator (CM(FAIADR))

Shailender is a highly knowledgeable, dedicated, analytical and results-focused legal professional who has more than 20 years’ experience in the legal industry servicing clients in Malaysia and the United Kingdom. He has proven his ability to be able to resolve lawful matters quickly and effectively, yet persistently pursuing the most effective and appropriate course of action that is best for his clients.

 

Shailender read law at City University, London before being admitted as an utter Barrister-at-Law at the Honourable Society of Middle Temple in 2003. He was called to the Bar of England and Wales after completing pupillage at 4-5 Gray’s Inn Square, whereupon he remained with the chambers. Whilst continuing practice in London, he returned to Malaysia and was admitted as an Advocate & Solicitor of the High Court of Malaya in 2005. He is also a qualified accredited Mediator under the Malaysian Mediation Centre.

Shailender has demonstrated exemplary motion practice, client management, analytical research, legal reasoning, and exceptional writing skills. He has exemplary skills in counselling and communication that has enabled him to counsel clients, lawyers, court officers, and witnesses.

 

Shailender’s practice is predominantly in Litigation & Dispute Resolution. His broad spectrum of contentious and non-contentious practice includes but is not limited to aviation, banking, civil, commercial, costs, defamation, medical negligence, professional negligence, quasi-criminal and road traffic accidents where he advises and acts for government linked or owned entities, banking and financial institutions and private clients. His understanding of industry best practices gives clients a competitive edge, bringing together legal experience, commercial insight and knowledge with a view to bringing cost effective and speedy resolution to disputes.

 

Shailender has considerable experience in conducting and also appearing as co-counsel in appeals, trials and various interlocutory matters in courts of all levels. He has the advantage of working closely with senior members and counsel both in Malaysia and the United Kingdom.

 

He is also a qualified accredited Mediator under the Malaysian Mediation Centre. He is also a qualified accredited Mediator under the Malaysian Mediation Centre. In 2021, he was appointed as a Fellow and Certified Mediator of the Asian Institute of Alternative Dispute Resolution.

EXPERIENCES

  1. Represented a government linked company in relation to a dispute on an arbitration clause.
  2. Advised a large government linked organisation in relation to a sexual harassment claim.
  3. Advised and represented passenger and crew families in both the MH370 and MH17 aviation incidents.
  4. Represented several clients in different suits concerning medical malpractices at private healthcare facilities.
  5. Involved extensively in a claim by a major Japanese car exporter on the seizure of its cars by the Royal Malaysian Customs Department.
  6. Extensively negotiated the release of a crew member detained in Paris, France under the Tokyo Convention.
  7. Represented a major Indian bank in a dispute concerning letter of credit, jurisdiction and forum conventions with a local bank.
  8. Advised and represented a group of claimants in a multi-million-ringgit product liability case against a major international contact lens manufacturer and supplier.
  9. Assisted in defending Italian clients in a multimillion-pound contractual dispute involving imported cloth and materials (UK).
  10. Involved extensively in a professional negligence action by a former English Premier League player (UK).
  11. Assisted in a sexual assault claim by an employee of a major business-relations firm against a major German car manufacturer (UK).

CASES OF NOTE

FEDERAL COURT
  • Abdul Ghaffar Md Amin v Ibrahim Yusoff & Anor [2008] 5 CLJ 1.
COURT OF APPEAL
  • Lim Kien Seng & Anor v Tetuan K Mano & Associates [2020] 1 MLRA 57.
  • Jabatan Kastam Diraja Malaysia & Ors v Apple International Co Ltd (Japan) [2018] 2 MLRA 463.
  • Pacific & Orient Insurance Co Bhd v Muniammah Muniandy [2011] 1 CLJ 947.
  • Annamalay Retnam v Mah Chong Peng & Anor [2010] 6 CLJ 487; [2010] MLJU 449.
  • Sukatno v Lee Seng Kee & Anor [2009] 4 CLJ 171; [2009] 1 LNS 115.
  • Ibrahim Yusoff & Anor v Abdul Ghaffar Md Amin [2009] 1 LNS 1383.
  • Mohd Nor Afandi Mohamed Junus v Rahman Shah Alang Ibrahim & Anor [2008] 2 CLJ 369; [2007] 1 LNS 351.
  • Azizi Amran v Hizzam Che Hassan [2006] 2 CLJ 821; [2006] 1 LNS 24.
  • Noraini Omar & Anor v Rohaini Said & Another Appeal [2006] 1 CLJ 895.
HIGH COURT
  • Lim Kai Hee & Ors v Patent View Development Sdn Bhd & Ors [2019] MLRHU 1407.
  • Lim Kien Seng & Anor v Lim Kai Hee & Ors [2019] MLRHU 646.
  • Tetuan K Mano & Associates v Lim Kien Seng & Ors [2017] MLRHU 1155.
  • Sri Devi Kanan & Ors v Malaysian Airline System Berhad & Ors [2016] MLRHU 911, [2017] 7 MLJ 305.
  • Malayan Banking Berhad v Punjab National Bank [2015] 6 MLRH 435.
  • Lingbena Development Sdn Bhd v Bayu Gamitan Sdn Bhd [2014] MLRHU 237.
  • Yeow Siow Huat v Lim Shuh Shin & Anor [2012] MLJU 763.
  • Anum Bin Adnan & Anor v Gadong Bin Singkok [2012] MLJ 575.
  • Mohd Fariz Mohd Taib & Anor v Abdul Rahim Alias & Anor [2011] 10 CLJ 470; [2010] 1 LNS 596.
  • Pacific & Orient Insurance Co Bhd v Muniammah Muniandy [2011] 9 CLJ 569; [2010] 1 LNS 1102.
  • Fauziah Hassan Khutoos v Dr Ahmad Kamal Mohamed & Anor [2010] 1 LNS 1576.
  • Adnan Idris v Norsharina Othman [2009] 1 LNS 874.
  • Pacific & Orient Insurance Co Berhad v Krishnan Moorthy Veerappan [2009] 1 LNS 1552.
  • Abdul Rahman Mohd Shariff & Anor v Mohd Fauzi Selamat [2008] 4 MLRH 795.

AREAS OF EXPERTISE

  • Litigation and dispute resolution
  • Corporate

LANGUAGES

  • English
  • Bahasa Malaysia
  • Hindi
  • Punjabi

PROFESSIONAL MEMBERSHIP

  • Malaysian Bar
  • Medico-Legal Society of Malaysia
  • Malaysian Mediation Centre
  • Asian Institute of Alternative Dispute Resolution

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