Sunil Abraham

Practice Areas

• Banking and Securities

• Litigation Commercial and Investment Treaty Arbitration

• Corporate and Commercial Litigation

• Environmental Law

• Land & Property Law

• Media Law

• Disputes Public & Administrative Law

• Telecommunications

Professional Memberships

Professional Affiliations:

• 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

Empanelled as Arbitrator with:

• 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

Panel of Mediators

• Asian International Arbitration Centre

Publications

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

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

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

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

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

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

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

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

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

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

• The IBA Arbitration Guide 2018 – Malaysian Chapter

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

• Lexis Nexis Dispute Resolution Law Guide 2017 – Malaysian Chapter

• The IBA Arbitration Guide 2012 – Malaysian Chapter

• Encyclopedia of International Commercial Litigation – Malaysian Chapter by Kluwer International Law (2009)

Experience

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.

Expert in these Jurisdictions

Qualified in Malaysia & United Kingdom

Languages Spoken

• English - Native/bilingual

• Malay - Native/bilingual

• French - Conversational

Work Highlights

Dato’ Sunil Abraham 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] 4 CLJ 1; 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.

He 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 an arbitrator in commercial and infrastructure-related disputes.

Education