SHAMALA DEVI BALASUNDARAM

EXPERIENCE AND CREDENTIALS

Shamala was named as a Recommended Lawyer in the field of Dispute Resolution in Asia Pacific Legal 500’s 2013 and 2016 editions. She was named as a Local Disputes Star in Benchmark Asia Pacific’s 2013 edition, a Benchmark Disputes Star in Benchmark Asia Pacific’s 2014 edition and as a Dispute Resolution Star in Benchmark Litigation Asia-Pacific’s 2019, 2020 and 2021 editions. From 2020 to 2023, she was named as a Notable Practitioner in Asialaw Profiles. In 2022, she was ranked in Benchmark Asia Pacific as one of the Top 100 Women in Litigation. 

Shamala served as a committee member of the Malaysian Bar’s Constitutional Law Committee (from 2009 to 2022), the Corporate and Commercial Law Committee (from 2017 to 2022) and the Construction and Arbitration Committee (2021-2023). She currently serves on the Malaysian Bar’s International Professional Services Committee and is an advocacy trainer with the Malaysian Bar’s Advocacy Training Committee (since 2020) which conducts regular courses on advocacy. She was a participant in the International Chamber of Commerce (“ICC”) Arbitration Academy for Asia 2023-2024, the ICC’s most advanced level training on arbitration for current and aspiring arbitrators. Shamala is also a Fellow of the Singapore Institute of Arbitrators.

Some of her notable litigation cases include the following:

• Representing a “Big Four” auditing firm in proceedings involving allegations of negligence, breach of statutory duties and breach of contractual duties in the audit of a sovereign fund. 
• Representing a private holding company and an individual in defending a claim of constructive trust in relation to a substantial parcel of shares in a public listed gaming, travel and leisure company estimated to be worth more than RM2.06 billion. The case involved events occurring more than 40 years before proceedings were filed. 
• Representing a global energy company and its affiliates in arbitration proceedings under the Singapore International Arbitration Centre Rules in defending allegations concerning defective manufacture, supply, installation and service of an industrial equipment set. 
• Representing a Malaysian petrochemical company in arbitration proceedings under the London Court of International Arbitration Rules, involving a dispute on pricing under a supply agreement.
• Representing a Malaysian service provider in the energy industry in arbitration proceedings against an energy production company involving contractual arrangements on payment of tax. Conducted under Asian International Arbitration Centre (“AIAC”) Rules.
• Representing the shareholder of a food packaging company (formerly as a family company) in a dispute over the management of the company which led to several cases before the Malaysian courts. 
• Representing a subsidiary of a Singaporean public listed company in a series of disputes with its Malaysian joint-venture partner. Among other things, the disputes concerned issues of shareholder rights, directors’ duties, the validity of investment mechanisms, and potential winding-up of a company.
• Representing a multinational company in a dispute with a Malaysian partner on contractual rights and allegations of fraud relating to a wind-tunnel venture.
• Representing a local plantation company in challenging assessment rates imposed by local councils under the Local Government Act 1976.
• Representing Joint Executors of an Estate in several cases of attempted land fraud involving several valuable plots of land in Kuala Lumpur belonging to the Estate. The cases involved various different fraud scenarios including forgery of documents and impersonation. 
  
• Representing a technology company in arbitration proceedings in respect of a dispute over an agreement for transfer of technology and provision of services. Conducted under AIAC Rules. 
• Representing a Malaysian construction company in arbitration proceedings under the Malaysian Institute of Architects Rules in a dispute over retention monies relating to the construction of 298 units of apartments together with ancillary buildings. 
• Representing the subsidiary of a major Malaysian public listed company in several arbitration proceedings commenced against it as an employer under various construction agreements.