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.

EXPERTISE

Banking and Securities Disputes

Corporate and Commercial Disputes

Commercial Arbitration

Environmental Law

Media Law Disputes

Public & Administrative Law Disputes

Telecommunications

PUBLICATIONS

Encyclopedia of International Commercial

Litigation – Malaysian Chapter by Kluwer International Law (2009)

The IBA Arbitration Guide 2012 – Malaysian Chapter

Lexis Nexis Dispute Resolution Law Guide 2017 – Malaysian Chapter

Chapter 19 – Misrepresentation, Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings (2017 Edition)

Chapter 19 – Misrepresentation, Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings (2023 Edition)

The IBA Arbitration Guide 2018 – Malaysian Chapter

Getting The Deal Through, Sovereign Immunity (2018) – Malaysian Chapter

Getting The Deal Through, Sovereign Immunity (2019) – Malaysian Chapter

Getting The Deal Through, Sovereign Immunity (2020) – Malaysian Chapter

World Arbitration Reporter by Juris Publishing LLC – Malaysian Chapter (2018)

World Arbitration Reporter by Juris Publishing LLC – Malaysian Chapter (2020)

World Arbitration Reporter by Juris Publishing LLC – Malaysian Chapter (2022)

Getting The Deal Through, Investment Treaty Arbitration (2019) – Malaysian Chapter

Getting The Deal Through, Investment Treaty Arbitration (2020) – Malaysian Chapter

Getting The Deal Through, Investment Treaty Arbitration (2022) – Malaysian Chapter

PROFESSIONAL APPOINTMENTS

Panel of Arbitrators

Asian International Arbitration Centre

ADGM Arbitration Centre, Abu Dhabi

Borneo International Centre for Arbitration and Mediation

Dubai International Arbitration Centre

Japan Commercial Arbitration Association

International Chamber of Commerce (ICC), Malaysia

London Court of International Arbitration

Russian Arbitration Centre

Shanghai International Arbitration Centre

Singapore International Arbitration Centre

Thailand Arbitration Center

Vienna International Arbitral Centre

HONOURS

Awarded the title “Dato” by His Royal Highness, The Sultan of Kelantan in 2017

TESTIMONIALS

The Legal 500 Asia Pacific

“Cecil Abraham And Partners remains at the forefront of the dispute resolution practice with a fine record in handling an extensive range of services, including fraud litigation, constitutional law matters, contractual claims, and administrative law disputes. The team’s client base consists of well-known international corporations, government-linked companies, and media conglomerates. Cecil Abraham draws strengths from his demonstrated experience in tackling complex disputes, while Sunil Abraham is equipped with corporate and commercial disputes know-how. Aniz Ahmad Amirudin has particular expertise in the infrastructure and construction fields, and Rishwant Singh appears regularly before Malaysian courts in shareholder disputes. Noor Muzalifah Binti Shabudin is a notable practitioner in the department. All named partners co-lead the group.”

“Specialist firm Cecil Abraham And Partners is headed by Cecil Abraham, one of the ‘most respected’ practitioners in the area. The team acts in traditional litigation as well as arbitration matters, dealing with related complex, high-end disputes spanning, among others, antitrust, securities, banking, construction and infrastructure, and commercial law. It is acting for MUIP in a dispute seeking to ascertain whether a court of law is competent to interfere with an award by an arbitration tribunal. Sunil Abraham is also recommended.”

“…both Tan Sri Cecil and Dato Sunil to be excellent dispute resolution lawyers. In particular, we value their legal expertise in areas including administrative law, commercial law, and dispute resolution. They also have excellent advocacy skills, and their advice is always practical and timely…”

“…Dato’ Sunil Abraham is superb all-round. Excellent on paper and in court. Calm, intelligent and strategic, he is a pleasure to work with…”

“Without a doubt the market leader for commercial litigation in Malaysia is Cecil Abraham & Partners, led by the top advocate Cecil Abraham. I have worked a lot with him, Sunil Abraham and Aniz Amirudin, and they are all first rate and can cover cases for each other. Thus, the firm has depth in high quality advocates.”

“Cecil Abraham is a strong advocate, with great experience and an effectively court presence. In any hearing he dominates the room and is carefully listened to by the judges. Sunil Abraham having risen up through the ranks, is now an impressive figure in his own right.”

“We work with Sunil Abraham regularly as well as Cecil Abraham. Sunil is sensible and our “go to” guy for difficult cases.”“Standout partners in construction being Aniz Ahmad Amirudin and for his litigating abilities Sunil Abraham.”

Chambers Asia Pacific

“Sunil Abraham is well prepared, diligent, meticulous and highly persuasive. He is excellent in technically difficult cases when the stakes are high.”

“Sunil Abraham is an up-and-coming disputes lawyer who is particularly skilled in intellectual property and construction disputes. He has expertise on both arbitration and litigation mandates, and handles a range of commercial matters on both fronts.”

“Sunil Abraham is sharp, intelligent and meticulous in his work as well as being a strong advocate.”

“Sunil is a personable and no-nonsense lawyer.”

Who’s Who Legal

“He is highly regarded as counsel in international arbitration and domestic arbitration disputes. Simply outstanding. He is a very good and precise lawyer.”

“Dato’ Sunil Abraham is a renowned litigator, singled out for his ‘thorough advice’ and ‘practical knowledge about the judicial landscape in Malaysia’…”

“Dato’ Sunil Abraham is renowned in the Malaysian arbitration space thanks to his impressive practice which encompasses environmental and planning law disputes.”

“Dato’ Sunil Abraham is a prominent name in the Malaysian market thanks to his ‘brilliant legal strategy’ and ‘effective client management skills’.”

“Dato’ Sunil Abraham has a solid legal background and very effective communication skills. He is brilliant at building legal strategy. He is very thorough with clients.”

“Dato’ Sunil Abraham sits among the foremost arbitration practitioners in the market who always attracts high value, high profile disputes stemming from the oil and gas and constructions sectors.”

Asia Law Profiles

“Cecil Abraham & Partners is a leading boutique dispute resolution firm known for handling commercial disputes, especially cases heard before the Federal Court of Malaysia. Led by star litigator Cecil Abraham, the team has a strong track record acting on unprecedented and landmark litigation and arbitration matters, with a focus on corporate and commercial, administrative, and white-collar crime. The firm often acts for Fortune 500 companies, media conglomerates, government-linked companies, high net-worth individuals, and not-for-profit entities and charities.”

“Very experienced and one of the best firms in the field.” – Dispute resolution

“The lawyers are all highly skilled and work as a team. The team members are able to cover for each other, and for important hearings, Cecil Abraham argues them brilliantly.” – Dispute resolution

Sunil Abraham –  “Responsive, technically strong and meticulous.”

Sunil Abraham – “Calm disposition”  and “He is sharp, intelligent and meticulous work as well as a strong advocate.”

English, 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