Dato Nitin Nadkarni > Lee Hishammuddin Allen & Gledhill > Kuala Lumpur, Malaysia > Lawyer Profile

Lee Hishammuddin Allen & Gledhill
LEVEL 6, MENARA 1 DUTAMAS, SOLARIS DUTAMAS
NO. 1, JALAN DUTAMAS 1
50480 KUALA LUMPUR
Malaysia
Nitin Nadkarni photo

Work Department

Dispute Resolution - Construction

Position

Senior Partner (Energy, Projects, Infrastructure & International Arbitration and Tax, Customs & Trade)

Career

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, financial institutions and high-profile individuals in arbitration, litigation, income tax and customs disputes.

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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 first 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-Pacific 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 “offers 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 Pacific 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 Pacific 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-Pacific 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.

Languages

English, Malay.

Memberships

Fellow of the Chartered Institute of Arbitrators, UK
Fellow of the Malaysian Institute of Arbitrators
Registered Arbitrator on the panel of the Kuala Lumpur Regional Centre for Arbitration
Qualified Mediator with the Malaysian Mediation Centre
Advocate & Solicitor of the High Court of Malaya

Education

LLB (Hons), London School of Economics and Political Science
Barrister-at-Law (Middle Temple)

Lawyer Rankings

Malaysia > Tax

(Leading individuals)

Nitin Nadkarni – Lee Hishammuddin Allen & Gledhill

Nitin Nadkarni and ‘solid tax adviser’ Jason Tan Jia Xin co-lead the team at Lee Hishammuddin Allen & Gledhill, which is noted for its ‘remarkable tax expertise’. The practice advises international clients on major audits and tax transactions, and has demonstrable experience handling tax-related disputes, whilst regularly dealing with appeals and judicial review applications at the High Court. A recent highlight for the team is its successful representation in a landmark case against the Special Commissioners of Income Tax in Malaysia regarding the taxability on gains arising from a joint venture development. Noteworthy promotions in the team include that of Ivy Yieng Ping Ling to partner and of Chris Toh Pei Roo to senior associate.

Malaysia > Projects and energy

The team at Lee Hishammuddin Allen & Gledhill counts sponsors, lenders, government contractors and other project stakeholders among its key roster of clients, and has demonstrable experience advising on the development and financing of energy, infrastructure and utility projects. The practice’s workload also includes drafting and negotiating financing and security agreements, power purchase agreements, as well as construction contracts. Steven Sy Tee, who ‘stands out for his experience’ in internationally financed, cross-border projects, leads the practice alongside Nitin Nadkarni.

Malaysia > Real estate and construction

(Leading individuals)

Nitin NadkarniLee Hishammuddin Allen & Gledhill

Tay Weng Hwee and Nitin Nadkarni lead the real estate and construction team at Lee Hishammuddin Allen & Gledhill. Its practice involves working with some of Malaysia’s leading developers, financiers, institutional investors and contractors on the full range of transactions and disputes. The team advises on high-value real estate projects across various sectors, including hospitality, retail and housing, and is noted for its ‘ability to think outside the box on strategy and advice’; it has particular expertise in advising on land acquisitions and amalgamations. On the contentious side, the practice’s caseload includes disposal of parcels of leasehold and freehold land, as well as disputes relating to real estate development projects. Darshendev Singh is noted for his ‘meticulous nature in disputes’.

Malaysia > Dispute resolution

(Leading individuals)

Nitin NadkarniLee Hishammuddin Allen & Gledhill

The ‘top-notch team’ at Lee Hishammuddin Allen & Gledhill handles a large volume of complex cases, covering company law, contractual issues and shareholder disputes. On the banking and insolvency front, the practice specialises in liability, liquidation and defending banks in connection with forgery and fraud. Lambert Rasa-Ratnam, who has demonstrable experience in administrative law disputes, jointly leads the practice alongside arbitration expert Nitin Nadkarni and banking specialist Kumar Kanagasingam. Other key members of the group include SM Shanmugam, who is praised as ‘commercially and industrially knowledgeable’, and Darshendev Singh.