SM Shanmugam
Managing Partner
About
For two decades, Shan dedicated his professional journey at one of the nation’s largest law firms, where he rose to partnership over a remarkable 14-year tenure. In 2024, he ventured to establish Shan Chambers, a boutique law firm embodying his vision for personalized legal services. Standing alongside him are seasoned senior associates, individuals with whom he has cultivated close professional relationships over the years and who now join him as partners. Shan brings to the table a wealth of expertise primarily focused on Dispute Resolution.
His extensive portfolio spans a wide spectrum of cases, where he has served as lead counsel in matters ranging from contractual disputes to breach of directors’ duties, shareholders’ conflicts, securities litigation involving stock market manipulation and insider trading, and negligence lawsuits. With experience in both international and domestic commercial arbitration, Shan frequently appears in cases before the High Court and the appellate courts in Malaysia.
Qualifications
Legal Rankings
Legal 500 Asia Pacific:
“Leading Individual
Legal 500’s Arbitration Powerlist 2022 (South East Asia)
Asialaw Profiles:
“Distinguished Practitioner”
Asialaw Client Service Excellence (2021):
“Highest rated lawyer to work with”
Benchmark Litigation Asia Pacific: “Litigation Star”
Chambers Asia-Pacific:
Band 4 (Dispute Resolution)
Notable Experiences
Successfully acted for a statutory body in a claim for breach of agreement and trust over a land (RISDA [2022] AMR 289)
Successfully defended a wholly owned subsidiary of a public listed company in a contractual dispute (TRIplc Resources Sdn Bhd [2020] 5 AMR 772; [2020] 1 LNS (O) 8)
Successfully defended a Port at the High Court and Court of Appeal in a claim on the issue of concluded contract (Penang Port Sdn Bhd [2018] 1 LNS 2145; [2019] 1 LNS (O) 7)
Successfully defended a subsidiary of a PLC in a claim involving a concluded contract of a parcel of land valued at MYR 11 million (Hicom Indungan [2018] 1 LNS 1434)
Successfully defended (co-counsel) a statutory body in a claim for land valued at MYR 2.6 billion for breach of trust and oral contract (RISDA [2014] 2 CLJ 711)
Successfully defended a state agency in a civil claim concerning a contractual dispute (Yayasan Melaka [2014] 1 LNS 742)
Successfully defended a Forune 500 company based in Malaysia in a contractual dispute (WD Media [2011] 1 LNS 1618)
Successfully acted for majority shareholders in an oppression claim by minority shareholders (Ning Yang Properties Sdn Bhd [2022] 11 MLJ 394, [2024] CLJU (O) 2, CA)
Successfully acted for majority shareholders in a shareholders’ dispute (Ban Heng Bee Ricemill [2022] MLJU 457)
Successfully acted for a wholly owned subsidiary of a PLC in a claim involving derivative action (Selat Makmur Sdn Bhd [2014] 1 LNS 638)
Successfully acted for a state agency in a claim arising from a joint venture dispute (Yayasan Melaka [2013] 1 CLJ 1081)
Successfully defended a public listed company in a claim involving a joint venture dispute (P. K. Resources Bhd [2010] MLJU 68)
Successfully acted (co-counsel) for a company in a claim for the return of hotel companies worth MYR 200 million (Aset Nusantara Sdn Bhd [2010] 7 AMR 197)
Successfully acted for securities regulator (High Court, Court of Appeal and Federal Court) in a civil claim pursuant to Section 179, 317A and 370 CMSA against a former Deputy Managing Director of a public listed company (Securities Commission [2019] 1 LNS 1955; [2022] 1 LNS(O) 3 [CA]; [2022] 1 LNS(O) 18 [FC])
Successfully acted for securities regulator (High Court and Court of Appeal) in a civil claim for insider trading (Securities Commission [2021] 7 CLJ 913)
Successfully acted for securities regulator in obtaining an injunction to freeze assets up to MYR 11.59 million (Securities Commission [2019] 12 MLJ 817)
Successfully acted for securities regulator in a civil claim in relation to market manipulation.
Successfully acted for a subsidiary of a PLC in a claim concerning tort of detinue (Puspakom Sdn Bhd [2019] 7 MLJ 340)
Successfully acted for an authorised dealer (Court of Appeal and Federal Court) concerning a claim under CPA 1999 (Lee Motors Auto Care Sdn Bhd [2019] 1 LNS (O) 12)
Successfully defended various automotive companies in claims on product liability and negligence or commercial dispute (Perusahaan Otomobil Nasional Sdn Bhd [2017] MLJU 2316; BMW [2019] 1 LNS 1737)
Successfully acted and advised various subsidiaries of a PLC either in its capacity as a landlord or tenant.
Acted for an owner of a shopping mall on various tenancy issues with its tenants.
Acted for a Singapore investment company on various tenancy disputes and issues with its business in Malaysia.
Acted (co-counsel) for a concessionaire of a port in a commercial arbitration for, among others, the recovery of sub-leased land at AIAC.
Lead counsel for the majority shareholders in a subsidiary (healthcare sector) in arbitration proceedings at the SIAC concerning shareholders’ disputes.
Lead counsel for a state-owned company in arbitration proceedings at the AIAC concerning IT related dispute.
Lead counsel for a subsidiary of a PLC in arbitration proceedings at the AIAC concerning a dispute post-manufacture of vehicles.
Co-counsel for the concessionaire of a port in a commercial arbitration for, among others, the recovery of sub-leased land at AIAC.
Co-counsel for a statutory body in arbitration proceedings at the SIAC concerning a cross-border transaction.
Defended a bank in a negligence lawsuit concerning cheque approvals.
Acted for a bank in an application to amend the company register.
Acted for various entities in uncontested & contested winding up and bankruptcy proceedings (LLY v YM [2011] CLJU 645, LLY v YM [2013] 4CLJ 1016)
Advised a company on the voluntary winding up process.
Acted for liquidators of a company post winding up proceedings.
Represented an executor to act in litigation arising from assets involved in two competing estates (Narayani Sivaprakasapillai [2020] MLJU 2628)
Represented an executor concerning a dispute on letters of administration de bonis non.
Represented and advised executors or administrators in relation to probate or letters of administration.
Testimonials
2024
“SM Shanmugam’s knowledge of the law and his experience can only be described as pure savant. His ability to recall cases with dates is something of an awe. He has always brought us favourable results, prompt service, and detailed attention to our cases.”
“The practice led by SM Shanmugam and his team boasts several unique qualities that set them apart from other firms in the legal industry. One of their key strengths is their exceptional ability to handle complex litigation matters seamlessly.”
“One standout capability of SM Shanmugam is his exceptional intelligence and adaptability in synthesising various branches of law to provide comprehensive and strategic advice.”
2023
“commercially and industrially knowledgeable”
2022
“… a very experienced and reliable litigator. His adaptability to our dynamic and rapid work environment along with his broad experience in dispute resolution has proven to always be a winner in each representation and advisory rendered. I have introduced him to my fellow business partners for his strategic advisory, and they are only full of praise of his competence and knowledge. His prompt replies, knowledge of the law, experience and attention to details is a strong trait of his. His “tactical” delivery always gives us the assurance that we are well protected with his strategic advice”
2021
“an amazing lawyer …he is a valued business partner who is a forward thinker and trusted advisor”
2020
“…persuasive and quick thinking” and “formidable figure both in and out of the courtroom”
2023/2024
“Quickly assesses issues, advising on strength of defence and out-of-court settlements to save time and costs.”
2020/2021
“Shan strikes a great balance between his tireless positivity and his sharp pragmatic approach. He is able to cut through complex arguments in order to distil salient points and he, both in and out of court, always gives 100 percent. Further, Shan has demonstrated his ability to work flexibly. Being involved in litigation is often an unhappy matter; however, having a formidable litigator as Shan on your counsel bench is a great source of reassurance”
2023
“Shanmugam displays his passion towards litigation, specifically involving fraud. This was reflected in his ability to master the complicated facts, making it interesting and easy for the judges to understand.”
“He is an experienced litigator who can represent clients in big cases. This was clearly demonstrated in the appeals he conducted at the Court of Appeal and Federal Court.”
“He stays looped in with the matters and weighs in as needed. He’s been very responsive and willing to do the necessary.”
2022
“Senior partner SM Shanmugam is a very experienced, prompt and capable lawyer that is backed by a strong and equally capable team supporting our matters.” “He is highly skilled in commercial disputes. Patient and attentive to our concerns and has provided comprehensive and in-depth advice to the issues at hand. We also view him as a strong mediator during negotiations between parties.”
“Able to articulate his thoughts clearly and persuasively for pragmatic solutions.”
“He is prompt in his response, and we can confidently rely on him due to his experience, knowledge and is a formidable lawyer to have on our side representing our best interest.”
2024
“Mr Shanmugam displays a high level of professionalism, expertise and dedication when handling our various matters. He possesses a deep understanding of the legal landscape, and his insights into complex securities legal matters have been invaluable in guiding our decision-making process.”
2023
“Mr Shanmugam is very dedicated, responsible and proactive in his tasks in handling our matters.”;
“SM Shanmugam is adept at distilling the issues with clarity.”
2022
“Shan as the ability to anticipate problems and takes the time to explain pros and cons to us”
2021
“excellent in-depth knowledge and experience in civil litigation, as well as being accessible and accommodative, which is a complete package” and his “people skills and ability to think outside the box. His advice is always focused on practical solutions beyond the legal aspects”