Rajasingam Gothandapani

Practice Areas

Shipping & Maritime

Regulatory, Compliance, Enforcement & Investigations

Transportation

India Desk

Dispute Resolution

Land Acquisition & Town and Country Planning

Criminal Advisory, Defence and Litigation

Energy, Natural Resources & Green Technology

Career

Rajasingam graduated with First Class Honours from the International Islamic University in 1995 where he emerged as its Top Law Graduate and was awarded the Royal Gold Medal for Excellence by the Conference of Malay Rulers.

In University he successfully represented Malaysia and his alma mater twice in the International Rounds of the Philip C. Jessup International Law Moot Court Competition held in Philadelphia (1994) and in New York (1995), winning a number of awards.

He was called to Bar on 24.5.1996 and commenced legal practice as a junior associate in the Firm’s Dispute Resolution wing.

In his first year at the Bar he was awarded the British High Commissioner’s Chevening Scholarship to pursue his Masters of Law (LL.M) in University of Cambridge, UK. On his arrival at the University he was awarded a second scholarship from the Cambridge Commonwealth Trust Society.

On obtaining LL.M (Cantab) he rejoined the Firm as one of its litigators. He was invited into full Partnership in 2003.

Rajasingam’s shipping and maritime practice encompasses a comprehensive range of contentious (litigation and arbitration) and transactional matters on which he regularly advises a wide range of Malaysian and international maritime clients. He has continuously served on the Bar Council’s Sub Committee for Shipping and Admiralty Law Committee.

He has practical knowledge and experience in environmental matters, regulatory compliance, environmental audits, tortious liability issues as well as Energy, Natural Resources and Green Technology related matters.

In relation to Compulsory Land Acquisition matters, Rajasingam undertakes Land Reference hearings, judicial reviews and appeals at all levels of the Courts under the Land Acquisition Act 1960. He also appears before the State Appeal Boards in planning permission hearings and appeals under the various town and country planning legislation.

Rajasingam frequently advises on issues relating to anti-money laundering, anti-corruption, breach of trust, and securities legislation as well as representing clients in proceedings brought by the Public Prosecutor and the Securities Commission.

Rajasingam also advises on aboriginal / native customary rights and law in West Malaysia which of recent have come into conflict with rights alienated under the National Land Code.

Professional Memberships

• Member, Bar Council’s Shipping and Admiralty Law Committee

• Member, Malaysian Bar

• Fellow, Chartered Institute of Arbitrators (CIArb)

• Member, International Bar Association (IBA)

• Member, London Court of International Arbitration

• Legal Advisor, Pure Life Society Malaysia

• Committee Member, the Royal Selangor Yacht Club

Publications

• Author: The Legal 500 Country Comparative Guide – Shipping (5th Edition) 2023 – Malaysia Chapter

• Co-authored: The Legal 500 Country Comparative Guide to Bribery & Corruption 2022 – Malaysia Chapter

• Has contributed many articles in the International Law Office’s Legal Newsletter on Shipping and Transport including the following:

• Specialised Admiralty Court in the Making

• Government Reviews National Cabotage Policy

• Arresting Ships in Malaysian Waters to Secure a Claim in Arbitration

• Ownership, Registration, Transfer and Mortgage of Malaysian-Flagged Ships

• Actions In Rem: Practice and Procedure

• Act Amended to Allow Ship Arrest to Secure a Claim in Arbitration

• Proposed Arbitration Act Amendments on Ship Arrest

• Foreign Crew: Recognition of Competency Certificates

• New Admiralty Court Established for Resolution of Admiralty and Maritime Disputes

• Domestic Shipping Licence and Foreign Ship Managers

• Pre-empting Arrest: When Ship Owners Resort to Lodging a Caveat Against Arrest”.

• What constitute good reasons for an order to sell a vessel pendente lite?

• Domestic shipping license and foreign ship managers

• Significant amendments to Carriage of Goods by Sea Act

• Merchant Shipping Ordinance 1952 – provisions for maritime collisions

• High Court permits summary judgment in case concerning failure to pay for vessel

• Court grants application for anti-arbitration injunction following detention of vessel

• Validity of arbitration agreement in bunkering dispute

• Seafarer’s employment agreement breach and liability

• Success of limitation action following oil spillage damages

• Court denies plaintiff’s application to extend validity of writ in rem on vessel for sixth time

• Determining liability following unpaid invoices resulting from charter extension

• Does a marine policy still apply if a vessel’s NKK classification is not maintained?

Languages Spoken

English, Malay, Tamil

Experience

Shipping and Maritime

• Acted for one of the largest carrier in the world in a bunker dispute.

• Advised on agreements relating to construction and completion of a maritime port in Sarawak.

International Arbitration

• Appeared as co-counsel with an English Silk (lead counsel) in an international arbitration in Paris, France involving a luxury yacht.

Land and Compulsory Acquisition

• Advised State Authority and private entities on compulsory land acquisition.

• Judicially reviewed compulsory land acquisitions.

Crime

• Successfully defended a client charged under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.

• Represented a large media/ advertising agency in resisting forfeiture of assets proceedings under the Anti Money Laundering and Anti Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

• Defended employers-clients in prosecution by the Department of Occupational Safety and Health for alleged offences under the Occupational Safety and Health Act 1994 and its regulations.

Environment

• Represented clients against strict liability offences under the Environmental Quality Act 1974.

Advised international funds on civil and criminal liability for oil spills and oil pollution.

Education

Awards