CLAIMS CONSULTANCY
Arbitration and CIPAA Adjudication
Kamesam Shankar, FCIArb, FAIADR, FMSADj
Arbitrator · Adjudicator · Engineer
With more than 40 years of project experience in the Oil and Gas and Construction sectors, and more than a decade dedicated to dispute resolution in construction and engineering matters, Kamesam is perfectly placed to help you identify and maximise claims, and present them to the appropriate forum for resolution.
Having worked as Client, Contractor and Sub-Contractor, and with both Legal and Engineering credentials, his experience allows him to assess the various strategies and options in pursuing claims, and to identify claims not previously made.
Claims Experience
- 30+ claims matters Involving direct negotiation and CIPAA, Kamesam has a strong track record in helping clients pursue their claims.
- Matters have included the Oil and Gas, Industrial Construction, Building Construction and Telecommunication Sectors, involving issues such as delay and prolongation, variations, defects, payment disputes, contract interpretation and liquidated damages.
- Parties involved: private limited companies, listed companies and government-linked companies.
Representative Matters
Anonymised.
| Matter | Role | Value | Issues |
|---|---|---|---|
| Offshore Oil and Gas | Claimant's Rep. | RM10 million | Denial and non payment of claims |
| Petrochemical pre-com | Claimant's Rep. | RM3 million | Delay, non-certification |
| Electrical and Instrument construction | Claimant's Rep. | RM3 million | Delay, non-certification |
| Port electrical works | Claimant's Rep. | RM600,000 | Delay, non-certification, performance bond |
| Telecommunications | Claimant's Rep. | RM1.5 million | Delay, non-certification |
Engineering & Infrastructure Background
- Four decades in senior roles with Petronas, Technip and Shell — General Manager for Projects and Engineering (Shell Malaysia & China Exploration and Production); General Manager, Airport Infrastructure Engineering (Shell Aviation);and Project Director on petrochemical, refining and oil & gas projects.
- Onshore and offshore oil & gas, petrochemicals, refineries, and aviation fuel infrastructure.
- Contracts from small-scale works to billions of USD, delivered across Asia, Australia, Europe, Africa, the Middle East, North America and South America.
Contract & Sector Expertise
Contract types — Lump Sum, BOQ, Design-Build, EPCC, EPCM, Re-measurement, Risk-Sharing.
Standard forms — FIDIC, PAM, JKR, bespoke and hybrid contracts.
Sectors — Airport infrastructure, oil & gas, petrochemicals, rail, ports, industrial plants, building and civil engineering, utilities.
Credentials
Professional Standing
- Fellow, Chartered Institute of Arbitrators (FCIArb)
- Fellow, Asian Institute of Alternative Dispute Resolution (FAIADR)
- Accredited Mediator, RICS
- Empanelled Arbitrator and Adjudicator, Asian International Arbitration Centre (AIAC)
- Former Chairman, CIArb Malaysia Branch
- Pro-tem President, Malaysian Society of Adjudicators
Qualifications
- LLM in International Commercial Law, Salford/ Robert Kennedy (2022)
- BSc (Hons) Chemical Engineering, UMIST (1982)
- Diploma in International Arbitration, CIArb (2018)
- Certificate in Adjudication, AIAC (2017)
- Certificate in Mediation and Mediation Advocacy, RICS (2022)
- World Fiscal Systems Analysis for Petroleum, Van Meurs (2012)
- Business Leadership Program, INSEAD (2010)
- Languages: English and Malay (fluent), basic Spanish and French
Contact
Phone — +60 12-838 2361
WhatsApp — +60 12-838 2361