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Dato' Cecil W.M. Abraham

LLB (Hons) (University of London); Chartered Arbitrator; Accredited Mediator (Malaysian Bar Council Mediation Centre); FCIArb; FMIArb; FSIArb; FACICA.
E-mail: cecil@zulrafique.com.my


Arbitration Experience

  • Extensive arbitration practice, frequently appearing as Counsel in domestic and international arbitrations. Experience of arbitrations conducted under the UNCITRAL, ICC, SIAC, KLRCA and LCIA Rules since the 1990s.

  • Chairman, Sole Arbitrator and Co-Arbitrator in international commercial arbitrations in India, France, Taiwan, Singapore, Philippines and Hong Kong. Involved todate in more than 50 arbitrations, both international and domestic.

  • Chairman of 15 Tribunals, Sole-Arbitrator in 10 arbitrations, Co-Arbitrator in 10 arbitrations, all of an international nature. The rest are domestic arbtirations.

  • Extensive arbitration practice, frequently appearing as Counsel in domestic and international arbitrations. Experience of arbitrations conducted under UNCITRAL, ICC, SIAC, KLRCA and LCIA Rules since the 1990s.

  • Acted as party counsel in domestic and international arbitrations.

  • Arbitrated in maritime disputes in Kuala Lumpur and Singapore. Resident in Kuala Lumpur with home in London.

  • Currently counsel for the Government of Malaysia in a pending ICSID Arbitration.

Litigation Experience

  • Trial lawyer, practising exclusive as an advocate [barrister] in the High Court of Malaya, Sabah and Sarawak.
  • Appeared as Leading Counsel in a number of Malaysian landmark cases.

Experience as Counsel in International Arbitrations

  • Appeared as Counsel in 3 major international commercial arbitrations for 3 Malaysian multi-nationals held under the SIAC, LCIA and ICC Rules.

Expert Evidence

  • Expert witness in an LCIA arbitration on Malaysian law, which is currently pending in London.

Publications

  • Malaysian chapter on arbitration in Commercial Arbitration Law in Asia and the Pacific (ICC publication, ed. Simmonds Hill Jarvin)
  • Malaysian chapter on arbitration in Arbitration in Asia (Butterworths)
  • Malaysian chapter on arbitration for the Global Legal Group, entitled "Questions for the International Comparative Legal Guide: International Arbitration 2003"
  • Contributor to the International Bar Association publication Civil Appeal Procedures Worldwide (ed. Charles Platto)
  • Malaysian chapter in Cargo Claims by William Tetley
  • Malaysian chapter in Judicial Sales of Vessels and Priority (International Bar Association publication, Kluwer)
  • Edited a number of volumes of the Malaysian Court Forms (equivalent to the English Atkins Court Forms)
  • Curent editor of Halsburys Law of Malaysia on Practice & Procedure

Seminars and Conferences

  • Presentation papers on various aspects of commercial law at the International Bar Association, the Intrer-Pacific Bar Association and at other regional conferences.
  • Speaker at numerous domestic and international seminars and conferences on commercial and arbitration related topics.

Professional Membership

  • Member of the International Bar Association (IBA) and Past Vice Chair of Committee D (Arbitration and ADR Section of the IBA).

  • Appointed member of the International Council of Commercial Arbitration (ICCA) (May 2001).

  • Member of the Arbitration and ADR Committee of the Bar Council, which was given the responsibility of drafting the new Malaysian Arbitration Act, which incorporates the Model Law. The Act is now in force.

  • Vice President of Asia Pacific Regional Arbitration Group (APRAG).

  • Member of the International Chamber of Commerce (ICC) Commission on Arbitration.

  • Member of the Working Group of the International Pacific Bar Association, where we formulated rules and developed a system of hardware, software and advance multi-point video conferencing system for use in "cyber" arbitrations.

  • Past member of the London Court of International Arbitration (LCIA).

  • Past Chair of the Practice Section of the Malaysian Bar Council on Civil Procedure and was given the responsibility to amend the Malaysian Rules of the High Court with a view to incorporating changes where appropriate of the amendments that have been made to the High Court Rules in Singapore and the United Kingdom. The amendments, inter alia, considered the inclusion of an ADR mechanism such as mediation into the rules.

  • Past Chairman of the Chartered Institute of Arbitrators, Malaysia Branch.

  • Deputy President of the Malaysian Institute of Arbitrators (MIArb).

  • Member of the Committee appointed by the Chief Justice of malaysia, to assist in the drafting of the new Malaysian Mediation Act.

  • Founder Member of the International Maritime Conciliation and Mediation Panel, which is set up to deal with mediation on maritime disputes.

  • Chairman of the ADR Committee of ICC Malaysia.

  • Past President of the Inter-Pacific Bar Association (IPBA).

  • Past Member of the Malaysian Bar Council and also the Past Chairman of the Kuala Lumpur Bar Committee, which is the largest state bar in Malaysia.

Panels

  • On the panel of Arbitrators of the Hong Kong International Arbitration Centre (HKIAC), Kuala Lumpur Regional Centre for Arbitration (KLRCA) , the Singapore International Arbitration Centre (SIAC), the Singapore Chamber of Maritime Arbitration (SCMA), the FICCI Arbitration and Conciliation Tribunal (FACT) and the Indian Council of Arbitration (ICA).

  • Panel of Singapore International Arbitration Centre (SIAC).


  • Panel of Arbitrators of the Singapore Chamber of Maritime Arbitration (SCMA).

  • Founding Member of the International Maritime Conciliation and Mediation Panel (IMCAM).

  • Panel of Arbitrators of the FICCI Arbitration and Conciliation Tribunal (FACT).

  • Panel of Arbitrators of the Indian Council of Arbitration (ICA)

Correspondent

  • Correspondent for Malaysia of the International Arbitration Law Review.