K. Shanti Mogan

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:

• Representing Opus Consultants (M) Sdn Bhd, an Edgenta Company, in ongoing disputes related to the termination and reaward of the Klang Valley Double Tracking Project (Phase 2) with a subject matter in excess of RM900million .
• Represented 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 (claim sum in excess of RM100million).
• 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.
• Represented a public body in a dispute with a service provider in a claim in excess of USD100 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.
• 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.

Competition Law

• Representing a subsidiary of the public listed company in challenging the decision of the Malaysia Competition Commission against 5 feedmill companies where the collective fines  are in excess of RM 400million for an alleged horizontal price fixing agreement.
• Represented 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.

Asialaw Leading Lawyers
Dispute Resolution 2023 – Notable practitioner for 2 consecutive years

“Very good depth of legal knowledge, listens to client's feedback and provides sound advice.” – Asialaw Profiles 2020

Benchmark Litigation Asia-Pacific 
Commercial and Transactions, Competition/Antitrust 2023 - Litigation Star for 3 consecutive years
Asia-Pacific’s Top 100 Women in Litigation (2022 and 2023)

Chambers Asia-Pacific
Dispute Resolution 2023 – Band 3; Recognised Lawyer for 9 consecutive years (2014 – 2022)

A client notes that “she is smart and exhibits excellent commercial understanding which is crucial in defending our case” - Chambers Asia-Pacific 2023

A clients praises her "great client engagement and accessibility." - Chambers Asia-Pacific 2022

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

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

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

The Legal 500 Asia-Pacific 
Dispute Resolution 2021 – Recommended Lawyer for 7 years (2010 – 2012, 2014, 2019 – 2021)
Antitrust and Competition 2022 - Recommended Lawyer for 4 consecutive years
TMT 2022 – Other Key Lawyer

“Shanti Mogan is an astute disputes lawyer who takes into account the sensitivities of client concerns when advising on how to handle problems”. – The Legal 500 Asia-Pacific 2021

Expert Guides 
Commercial Arbitration and Women in Business Law 2022 – Leading Practitioner for 5 consecutive years

Who’s Who Legal
Commercial Litigation and Competition 2023 – National Leader (Southeast Asia)
Commercial Litigation 2021 – Global Leader for 2 consecutive years
Commercial Litigation 2022 – National Leader (Southeast Asia) 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 Malaysian Chapters on Law & Practice and Trends & Developments in Chambers Global Practice Guide: Litigation (2022)
• Co-authored the Chapter on Law & Practice (Malaysia) in Chambers Global Practice Guide on International Arbitration [2019 - 2022]
• Contributor to the International Law Office’s Legal Newsletter on Arbitration [ 2019-2020]
• Contributor of the WLG Merger Control Guide 2020
• Contributor to the Textbook ‘Law and Practice of Injunctions in Malaysia’