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PRINCIPAL
AARTHI JEYARAJAH
Aarthi's area of practice focuses on civil and commercial litigation. Before embarking on setting up her own practice in March 2021 and joining the RL Group Law Practice (see below), she developed her practice at one of Malaysia's largest firms, Shearn Delamore & Co, where she commenced her pupillage in December 2010 and spent 10 years thereafter as part of the firm's prestigious Dispute Resolution department from February 2012 and was promoted to Senior Associate in June 2016.
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She has had the opportunity to conduct matters in the capacity of counsel handling trials and hearings representing corporate and individual clients in the Subordinate Courts, the High Court and the appellate courts, as well as in the capacity as co-counsel on complex commercial matters.
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She has further expanded her portfolio to construction disputes and arbitration and is now a certified Adjudicator and is empaneled with the Asian International Arbitration Center (AIAC). She also has a zest for challenging Arbitral Awards and Adjudication Decisions obtained under the Construction Industry Payment and Adjudication Act 2012 (CIPAA).
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In 2023, Aarthi was named as a finalist by Asian Legal Business (ALB) (owned by Thomson Reuters) in the category of 'Young Lawyer of the Year'.
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QUALIFICATIONS AND CERTIFICATIONS
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Bachelor in Laws (L.L.B) (Hons), University of Reading, 2009
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Certificate in Legal Practice, 2010
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Advocate and Solicitor, High Court of Malaya, 2012
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Adjudicator, AIAC Certificate in Adjudication, 2022
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MEMBERSHIPS
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Member, Malaysian Bar
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Member, Society of Construction Law
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Member, Women's Rights Committee 2020-2022 (Malaysian Bar)
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Member, Kuala Lumpur Bar Civil Practice and Court Liaison Committee, 2021-2022
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Director, Kuala Lumpur Bar Civil Practice and Court Liaison Committee, 2023-2024
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Member, Small Practice Firms Practice Commitee, 2022-2024
PUBLICATIONS​
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Expert Contributor to a chapter in the practitioner's text book "Law and Practice of Injunctions in Malaysia" (November 2020)
- Contributing editor of the "Malaysian Civil Procedure" 2021, 2018, 2015 and 2013 editions by Thomson Reuters / Sweet & Maxwell
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LANGUAGES​​
English, Malay, Tamil
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NOTABLE REPORTED DECISIONS
Different areas of law that Aarthi Jeyarajah has been involved in which have been reported:
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BANKING LITIGATION: Assisted in successfully appealing against the decision of the Court of Appeal in a landmark decision by the Federal Court in relation to limitation period to commence a foreclosure action: CIMB Bank Berhad v. Sivadevi a/p Sivalingam [2020] 2 CLJ 151 (Federal Court)
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COMPANY LAW: Assisted in successfully defending a claim of oppression against a company limited by guarantee in the High Court, Court of Appeal and Federal Court: A Yogesvaran v Ampikaipakan a/l S Kandiah & Ors [2018] MLJU 2000 (HC)
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COMPANY LAW: Assisted in successfully defending a minority shareholder oppression claim in a landmark decision by the Federal Court in a claim brought against a Malaysian subsidiary of a Japanese chemical company: Jet-Tech Materials Sdn Bhd & Anor v. Yushiro Chemical Industry Co Ltd & Ors And Another Appeal [2013] 2 MLJ 297 (Federal Court)
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PUBLIC LAW: Conducted the defence and trial involving the national laureate A. Samad Said and 2 other Bersih Committee members in litigation commenced by the Government under the Peaceful Assembly Act, 2012: Kerajaan Malaysia v Ambiga Sreenevasan & Ors [2016] 5 MLJ 721 (HC)
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CIVIL LITIGATION: Represented 30 individuals in a trial defending an alleged conspiracy and breach of contract involving a developer and the purchaser's claims for liquidated ascertained damages (LAD): Hedgeford Sdn Bhd v Sri Gananatha A/L Sivanathan & Ors [2018] MLJU 1424 (HC)
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HOMEBUYER'S CLAIMS: Represented the purchasers responding to 6 judicial review applications by a notable developer against Awards made by the Tribunal for Homebuyers’ Claims arising from the Housing Development (Control and Licensing) Act, 1966 in the High Court:
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Hedgeford Sdn Bhd v Lynda Quah May Lu & Anor [2019] MLJU 364
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Hedgeford Sdn Bhd v Tan Hee Yean @ Tan Hee Hian & Anor and another case [2019] MLJU 1072
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Hedgeford Sdn Bhd v Jennifer Fu Woan Lin & Ors [2019] MLJU 404
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Hedgeford Sdn Bhd v. Ong Si Hui & Ors [2019] 1 LNS 645
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ADMINISTRATIVE LAW: Conducted the judicial review hearing in relation to a decision made by the Registrar of Societies: Dr Subramaniam a/l Suppiah (selaku Setiausaha Kehormat dan Pegawai Awam Persatuan Penyayang Ipoh, Perak, Society of Caring Hands Ipoh, Perak) & Anor v Dato’ Dr KS Sivananthan & Anor [2018] MLJU 843 (HC)
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CONSTRUCTION LAW: Conlay Construction Sdn Bhd v Perembun (M) Sdn Bhd [2014] 1 MLJ 80 (Federal Court)
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CONSTRUCTION LAW: Successfully defended an application to set aside/ stay a decision obtained under the Construction Industry Payment and Adjudication Act, 2012 (CIPAA): Lion Pacific Sdn Bhd v. Pestech Technology Sdn Bhd and another case [2020] MLJU 2308 (HC)
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CONSTRUCTION ARBITRATION: Assisted in resisting the registration and enforcement of an international arbitration award: Envac Scandinavia AB v Muhibbah Engineering (M) Bhd [2020] MLJU 2092 (HC)
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ARBITRATION: Filed an application to challenge an arbitration award: Tokio Marine Insurans (M) Bhd v WCT Construction Sdn Bhd [2021] MLJU 381 (HC)
