Nitin Nadkarni

Practice Areas

International Arbitration

Construction & Engineering

Infrastructure Projects

Energy & Natural Resources

Media

Income Tax and Customs Disputes

Personal

A lawyer with a reputation for energy, construction and tax disputes.

Nitin is a senior partner and Head of the Firm’s International Arbitration and Tax, Customs & Trade Practices. Nitin’s main area of practice is in international arbitration, with a focus on oil & gas, energy, construction and engineering, and infrastructure projects. Nitin also specialises in income tax and customs litigation and disputes.

Nitin has more than 37 years of experience in representing major governmental organisations, multinational corporations, national and international contractors, sub-contractors, ?nancial institutions and high-pro?le individuals in arbitration, litigation, income tax and customs disputes.

Nitin has acted as counsel and sat as arbitrator in disputes arising from projects in or arbitrations seated in Malaysia, Singapore, South Korea, London, Switzerland, Vietnam, the United Arab Emirates, Sudan, Paris, and Algeria under ad hoc and institutional rules such as the AIAC, ICC, SIAC and LCIA rules.

In the ?rst case of its kind in Malaysia, he currently represents the Republic of Zimbabwe before the Malaysian courts, to resist applications by Swiss and German investors to enforce ICSID arbitration awards.

Nitin has also acted as counsel in benchmark income tax disputes on major points of tax law. Remarking that the Tax team has “demonstrated that they are up to date with developments in the law”, Chambers Asia-Paci?c 2022 notably ranked Nitin as a Band 2 practitioner in his Tax debut. Along with being a Band 1 practitioner in Dispute Resolution: Construction. They have also noted that he is “vastly experienced on construction cases and incredibly intelligent”, and “o?ers potent advice”.

He has been consistently ranked by Chambers & Partners as a leading lawyer (Band 1 from 2013-2022) who is very polished and sought-after, and by Asia Paci?c Legal 500 as a leading dispute resolution, and real estate and construction lawyer who is very highly regarded for construction disputes. The Legal 500 Asia Paci?c 2022 ranked Nitin as a Leading Individual in three categories (Dispute Resolution, Real Estate and Construction, and Tax). He has also been recognised as an Elite Practitioner by Asialaw 2022 and as a Litigation Star for Construction by Benchmark Litigation Asia-Paci?c 2022. At the 8th Asian Legal Business Malaysia Law Awards held virtually in July 2021, Nitin was named Dispute Resolution Lawyer of the Year.

In its January-February 2022 issue, Asian Legal Business, a leading provider of legal news and information for legal professionals in the region, recognised Nitin as one of Asia’s Top 15 Litigators 2022. The second edition of the annual ranking highlights 15 of the region’s outstanding lawyers who have demonstrated their ability to solve complex problems and adapt quickly to changing circumstances, especially since the outbreak of Covid-19. The senior partner of LHAG is the only Malaysian lawyer in the list.

Experience

Construction

Counsel for the contractor in a billion-ringgit dispute arising out of a design-and-build contract in the Middle East.

Counsel in an arbitration claim and counterclaim exceeding RM200 million arising out of the failure of reclamation works.

Counsel in an arbitration claim and counterclaim exceeding RM350 million arising out of the construction of a museum and resource centre.

Counsel in an arbitration involving claims and counterclaims exceeding RM200 million arising out of the construction of a cable stay bridge and approach roads.

Counsel for sub-contractor in an arbitration involving construction of an elevated highway.

Counsel for a Malaysian statutory authority in relation to an arbitration for RM110 million arising from the construction of a road on the east coast of Malaysia.

Counsel and advisory works to a contractor in a dispute with the Federal Government arising out of the construction of a new road.

Counsel for a contractor in a mediation for a claim exceeding RM100 million arising from the construction of a hospital.Counsel in a lawsuit arising out from the construction of a marine jetty in Fujairah, UAE.

Counsel for an Australian main contractor in a RM100 million arbitration arising from the construction of the KLIA catering facility.

Counsel for a Japanese contractor in disputes with the owner concerning the construction of a luxury apartment block and an office tower in KL.

Counsel in an arbitration arising out of the construction of KLIA 2.

Counsel for developers and contractors in litigation arising from various housing projects, hospitals, and buildings.

Counsel for a main contractor in disputes arising from the expansion of the KL Monorail Fleet.

Counsel in an arbitration arising out of the construction of military facilities.

Counsel for owner in an arbitration arising out of the construction of a luxury hotel in Kuala Lumpur.

Counsel for a Japanese contractor in an arbitration arising out of the construction of a high-rise office tower in Johor Bahru.

Counsel for a Malaysian owner in a lawsuit arising from the construction of an office complex by Japanese contractor.

Counsel for a developer in a RM100 million lawsuit by a contractor arising out of the construction of a hotel, shopping complex, and office tower.

Counsel in an arbitration arising out of a co-ordination and cost-sharing agreement for the construction of expressways.

As Arbitrator

Sole arbitrator in an international arbitration arising out of a failed commercial venture in Vietnam.

Sole arbitrator in an arbitration arising out of a commercial contract for provision of educational services.

Sole arbitrator in construction dispute in relation to construction of a multipurpose hall.

Sole arbitrator in construction dispute in relation to construction of educational facilities.

Sole arbitrator in construction dispute arising out of construction of oil & gas facility.

Sole arbitrator in a dispute arising out of a government construction contract in relation to healthcare facilities.

Sole arbitrator in a dispute in relation to insurance policy for the construction, completion and commissioning of a shopping complex.

Sole arbitrator in a commercial arbitration arising out of a contract for the maintenance of mechanical pipelines in Sabah and and Sarawak.

Sole arbitrator in a dispute arising out of a government construction contract for infrastructural facilities in Sarawak.

Co-arbitrator in a dispute arising out of a sale and purchase agreement for acquisition of capital of a company.

Tax

Counsel for Cash Band Berhad, a subsidiary of a State Government in a landmark dispute at the Special Commissioners of Income Tax (SCIT) and the High Court on whether proceeds received from a joint venture development are chargeable to income tax.

Counsel for Sandakan Edible Oils, the Malaysian subsidiary of a Fortune Global 500 company in a landmark transfer pricing appeal at the SCIT and High Court on the interpretation of Section 140A of the Income Tax Act 1967 and the Income Tax (Transfer Pricing) Rules 2012.

Counsel for a Malaysian plastic components manufacturer, Seiwa-Podoyo (M) Sdn Bhd, in a tax appeal at the High Court on the company’s eligibility to claim reinvestment allowance and the Director General of Inland Revenue’s (DGIR) powers to issue time-barred assessments.

Counsel for Club Twenty-One Retail (Malaysia) Sdn Bhd, a leading importer and retailer of luxury goods in a dispute with the Director General of Customs (Customs) on the company’s eligibility to obtain a special refund of sales tax paid under the Goods and Services Tax Act 2014.

Counsel for a subsidiary of a German multinational software company in a tax appeal at the SCIT and the High Court on the imposition of time-barred assessments and penalties under Section 112(3) of the Income Tax Act 1967 (ITA) against the company.

Counsel for a subsidiary of a leading Malaysian conglomerate in property development in a tax appeal at the SCIT. The appeal concerns issue of the taxability of the company’s gains from a disposal of property and its application for relief under Section 131 of the ITA.

Counsel for a global banking group in a tax dispute involving income tax incentives granted to the company.

Counsel for the Malaysian subsidiary of a leading Japanese supplier of cut flowers in a tax appeal at the High Court and Court of Appeal concerning industrial building allowance and increased exports allowance.

Counsel for Tower Real Estate Investment Trust, a listed real estate investment trust (“REIT”) in its appeal at the SCIT and High Court against real property gains tax assessments raised by the DGIR.

Counsel for Transocean Drilling Sdn Bhd, the Malaysian entity of a global drilling company in a landmark dispute at the High Court on the DGIR’s powers to impose penalty under Section 112(3) of the ITA.