Cecil Abraham And Partners

Dispute Resolution

Partner

Dato’ Sunil Abraham is a partner at Cecil Abraham & Partners. He specialises in Corporate and Commercial, Banking and Securities, Media, Telecommunications, Public & Administrative and Environmental Law disputes, as well as Arbitration disputes. He has significant advocacy experience before the High Court, Court of Appeal, and Federal Court and before arbitral tribunals.

He has appeared in a number of noteworthy cases before the Federal Court pertaining to the approach courts are to adopt in land acquisition proceedings so as to ensure transparency of the process in Tegas Sejati Sdn Bhd v Pentadbir Tanah dan Daerah Hulu Langat & Anor and another appeal [2024] 3 MLJ 329; the grant of planning permission in Datuk Bandar Kuala Lumpur v Perbadanan Pengurusan Trellises & Ors and other appeals [2023] 3 MLJ 829; to the law of defamation and the application of the defence of reportage in Mkini Dotcom Sdn Bhd & Ors v Raub Australian Gold Mining Sdn Bhd [2021] 5 MLJ 79; the registration and enforcement of arbitral awards in Siemens Industry Software GmbH Co Kg (Germany) (formerly known as Innotec GmbH) v Jacob and Toralf Consulting Sdn Bhd (formerly known as Innotec Asia Pacific Sdn Bhd (M)) & Ors [2020] 3 MLJ; the validity and enforceability of introducer agreements within the meaning of Section 24 of the Contracts Act 1950 in Wong Yee Boon v Gainvest Builders Sdn Bhd [2020] 2 CLJ 727; the application of Section 10 of the Arbitration Act 2005 in Arch Reinsurance Ltd v Akay Holdings Ltd [2019] 1 CLJ 305; the applicable test for forgery in civil claims in Letchumanan Chettiar Alagappan (as the executor of the Estate to SL Alameloo Achi (Deceased) & Anor v Secure Plantations Sdn Bhd [2017] 5 CLJ 418; the applicable principles relating to the granting of interim relief in arbitration disputes in AV Asia Sdn Bhd v Measat Broadcast Network Systems Sdn Bhd [2014] 3 MLJ 61, the powers of liquidators in Ooi Woon Chee & Anor v Dato’ See Teow Chuan & Ors [2012] 2 MLJ 713 and the exercise of royal prerogative powers in Dato’ Seri Ir Hj Mohammad Nizar bin Jamaluddin v Dato’ Seri Dr Zambry bin Abdul Kadir (Attorney General, intervener) [2010] 2 MLJ 285 and His Royal Highness Sultan Ismail Petra Ibni Almarhum Sultan Yahya Petra v His Royal Highness Tengku Mahkota Tengku Muhammad Faris Petra & Anor and another suit [2011] 1 MLJ 1; the doctrine of non-delegable duty and vicarious liability in Dr Harikrishnan & Anor v Megat Noor Ishak bin Megat Ibrahim & another appeal [2018] 3 MLJ 281, to name but a few.

Dato’ Sunil Abraham has successfully represented Raub Australian Gold Mining Sdn Bhd in a defamation claim against Mkini Dotcom Sdn Bhd (reported in Mkini Dotcom Sdn Bhd & Ors v Raub Australian Gold Mining Sdn Bhd [2021] 5 MLJ 79) involving issues relating to the law on responsible journalism and reportage. He has also had the distinction of representing several ministers within the Government of Malaysia in numerous libel claims, including appearing as co-counsel for the Government of Malaysia in an investment treaty arbitration claim instituted by Malaysian Historical Salvors and as co-counsel for investors in investment treaty disputes.

He successfully represented Lynas Malaysia Sdn Bhd in high-profile environmental law disputes instituted by local residents and involving the regulators as well as numerous developers in planning law disputes. Dato’ Sunil Abraham regularly sits as an arbitrator in commercial and infrastructure-related disputes.

He has been recognised as a leading individual by Legal 500 Asia Pacific, Benchmark Litigation and Asialaw Profiles as well as being ranked by Chambers & Partners Asia Pacific in the area of dispute resolution. He has also been recognised in Who’s Who Legal (now Lexology Index) as a Future Leader in Arbitration. In 2016, he was named the Top 40 Under 40 Practitioners in Asia by Asian Legal Business.

English and Malay

Panel of Arbitrators

Asian International Arbitration Centre London Court of International Arbitration Arbitration Institute of the Stockholm Chamber of Commerce International Chamber of Commerce

Panel of Mediators

Asian International Arbitration Centre

Current

Member of the Management Board of the International Bar Association (IBA) Legal Practice Division Liaison Officer to the Asia Pacific Regional Forum and the Dispute Resolution Section of the IBA Member of the IBA Diversity & Inclusion Council

Past

Co-chair of the Asia Pacific Regional Forum of the IBA Advisory Board Member of the Young Lawyers’ Committee of the IBA Co-chair of the Asia Pacific Arbitration Group of the IBA Asia Pacific Liaison Officer of the Arbitration Committee of the IBA

Qualifications

BSC Economics (Hons), London School of Economics, University of London Post-Graduate Diploma in Law, BPP Law School Bar Vocational Course, Inns of Court School of Law, City University Barrister at Law of the Honourable Society of Middle Temple Advocate & Solicitor of the High Court of Malaya Fellow of the Chartered Institute of Arbitrators, United Kingdom Fellow of the Malaysian Institute of Arbitrators Fellow of the Asian Institute of Alternative Dispute Resolution