K. Shanti Mogan

Partner,
Head, Arbitration & Mediation
Co-Head, Competition Law & Antitrust
Dispute Resolution
Personal Data Protection & Privacy Laws
Regulatory Compliance & Enforcement
Technology, Media & Telco

Qualifications

  • LL.B (Hons), University of Bristol
  • LL.M (Hons), University of Malaya
  • Barrister-at-Law, Gray’s Inn
  • Advocate & Solicitor, High Court of Malaya

Shanti has a broad commercial practice, representing clients in commercial litigation and arbitration, both domestic and international. She acts as counsel and arbitrator, and represents parties in arbitrations held domestically and internationally. She is Head of the Arbitration Practice and co-head of the Competition Law Practice at Shearn Delamore & Co. 

Her experience covers a wide range of disputes including banking, commercial, corporate and technology related disputes.

Shanti regularly acts for banks, regulatory bodies and corporations in relation to consumer protection, data protection and privacy, defamation, entertainment, multimedia and communications dispute matters.

Shanti also has experience in the area of competition and antitrust laws, and offers advisory services, compliance audits and legal representation in competition law investigations and disputes. Specific industries she has represented in her competition practice include the pharmaceutical, insurance, energy, travel, banking, automotive, entertainment and retail sectors.

Shanti advises on regulatory compliance and activities coming under the purview of various authorities including the Securities Commission, the Anti-Corruption Commission and the Communications and Multimedia Commission.

Litigation & Arbitration

Shanti has handled many complex high dollar value disputes for clients both domestic and international in litigation and arbitration. Some of the matters are set out below:

  • Represented Malaysian Communications and Multimedia Commission in litigation proceedings involving the revocation of designation of universal service provider in respect of the provision of universal service provision of internet and basic telephony services to underserved areas of Malaysia.
  • Represented Malaysian Airport in proceedings to compel the provision of cellular access network services to the airport. This involved obtaining a mandatory injunction within a very short timeframe to prevent the shutting off of such cellular access network services which would have impacted the operations of the airport.
  • Represented CJ OliveNetworks Co. Ltd in a dispute involving the proposed acquisition of a majority stake in a public listed company, Caring Pharmacy Group Berhad. The claimed sum was in excess of RM300 million and the matter involved claims of misrepresentation and contractual breaches for failing to proceed with the acquisition of a majority stake in a public listed company. The significance of the memorandum of understanding, the participation in a due diligence exercise and the absence of board approval were fully ventilated at trial.
  • Represented a world-renowned steel manufacturer in a dispute involving a claim in excess of RM1 billion. The subject matter involved the design, construction and commissioning of a steel plant. The matter was administered under the ICC and presided by 3 prominent arbitrators from different jurisdictions.
  • Representing a public body in a dispute with a service provider in a claim in excess of USD 100 million. The matter involves the design, management and operation of a cellular software service and system, the first of its kind in the relevant jurisdiction.
  • Representing Malaysia Airports in two arbitration proceedings in respect of the KLIA-2 airport involving its joint venture partner and concessionaires, relating to charges of a district cooling plant (claim sum in excess of RM200million; and delays in the construction and operation of the KLIA-2 terminal.

Competition Law

  • Representing an insurer in challenging the decision of the Malaysia Competition Commission against Persatuan Insurans Am Malaysia (PIAM) and 22 members imposing collective fines in excess of RM 200million for an alleged horizontal price fixing agreement.
  • Advised a leading worldwide supplier of industrial coatings on competition law issues arising from its contractual arrangement with third parties.
  • Advised one of the largest chemical producers on competition law issues arising from its contractual arrangement with its distributors.
  • Advised an international airline on matters pertaining to joint venture with another international airline and competition law issues arising from the Malaysian Aviation Commission Act 2015.

Asialaw Leading Lawyers
Dispute Resolution 2021 – Notable practitioner

Very good depth of legal knowledge, listens to client's feedback and provides sound advice.”

Chambers Asia-Pacific
Dispute Resolution 2020 – Recognised Lawyer for 7 consecutive years

Shanti Mogan enters the rankings having earned significant praise from clients, who say: "She's very good in court, very sound in opinions and very fast, and she provides us with very practical solutions because not all matters have to be settled in court." Chambers Asia-Pacific 2014

She is praised as a thoroughly "solid and reliable" practitioner. - Chambers Asia-Pacific 2016

A client says: "She is a formidable litigator who is very capable at representing us in complex cases." - Chambers Asia-Pacific 2020

The Legal 500 Asia-Pacific
Dispute Resolution 2020 – Recommended Lawyer for 6 years

Expert Guides
Commercial Arbitration and Women in Business Law 2019 – Leading Practitioner for 2 consecutive years

  • Member, Malaysian Bar
  • Member, Court of Arbitration - Singapore International Arbitration Centre (SIAC)
  • Fellow, Chartered Institute of Arbitrators (CIArb)
  • Fellow, Malaysian Institute of Arbitrators (MIArb)
  • Member, Arbitration Sub Committee - Malaysian Bar Council
  • Member, Arbitration Committee- International Chamber of Commerce (ICC) (Malaysia)
  • Member, Legal Affairs Committee - Malaysian International Chamber of Commerce and Industry (MICCI)
  • Member, International Bar Association (IBA)
  • Member, Inter Pacific Bar Association (IPBA)
  • Member, Panels of Arbitrators of AIAC, SIAC, ICC (Malaysia)
  • Co-authored the Chapter on Law & Practice (Malaysia) in Chambers Global Practice Guide on International Arbitration (2019 – 2020)
  • Contributor to the International Law Office’s Legal Newsletter on Arbitration (2019 – 2020)
  • Contributor of the WLG Merger Control Guide 2020