Dispute Resolution
Arbitration, Adjudication and Mediation
Kamesam Shankar, FCIArb, FAIADR, FMSADj
Arbitrator · Adjudicator · Mediator · Engineer
Kamesam Shankar is an experienced Arbitrator, Adjudicator, Mediator, and Engineer with over 40 years in engineering, infrastructure, and project management, and more than a decade dedicated to dispute resolution in construction and engineering matters.
He is available for appointment as sole arbitrator, co-arbitrator, or presiding arbitrator in domestic and international disputes, and is committed to efficient, fair, and proportionate proceedings with timely, well-reasoned awards.
Dispute Resolution Experience
- 40+ dispute resolution matters as arbitrator, adjudicator, mediator, dispute resolution consultant, and claims advisor.
- 15 appointments as Arbitrator or Adjudicator (10 as adjudicator, 5 as sole arbitrator), issuing awards and decisions in disputes valued from RM100,000 to RM6.5 million.
- Overall disputes handled valued from approximately RM100,000 to RM10 million.
- Matters include delay and prolongation, variations, defects, payment disputes, contract interpretation, liquidated damages, jurisdictional issues, and insolvency-related disputes.
- Parties involved: private limited companies, listed companies, government-linked companies, and government entities.
Representative Matters
Anonymised.
| Matter | Role | Value | Issues |
|---|---|---|---|
| Arbitration | |||
| Petrochemical plant piping works | Sole Arbitrator | RM5 million | Defects, back-charges |
| Building construction | Sole Arbitrator | RM3 million | Variations, delay, liquidated damages |
| Power supply agreement | Arbitrator | — | Jurisdictional issues, injunctive relief |
| Adjudication | |||
| Rail infrastructure | Adjudicator | RM3 million | Variations, pay-when-paid, retention |
| Civil building works | Adjudicator | RM5 million | Jurisdiction, liq. damages, variations |
| Civil building works | Adjudicator | RM4 million | Jurisdiction, pay-when-paid, insolvency |
| Party Representation | |||
| Petrochemical pre-com | Claimant's Rep. | RM3 million | Delay, non-certification |
| Port electrical works | Claimant's Rep. | RM600,000 | Delay, non-certification, performance bond |
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 (2022)
- BSc (Hons) Chemical Engineering, UMIST (1982)
- Diploma in International Arbitration (CIArb), Certificate in Adjudication, RICS Mediation Certificate
- Languages: English and Malay (fluent), basic Spanish and French
Contact
Phone — +60 12-838 2361
WhatsApp — +60 12-838 2361