LBC - Corporate Profile (Book)

CORPORATE
PROFILE

ABOUT US

Messrs Lavania & Balan Chambers (LBC) is a boutique dispute resolution law firm, offering
specialised legal service in a variety of areas of law, with a resolute focus on issues relating to
company law and construction law.

LBC concentrates primarily on two broad traditional practice areas - Corporate Dispute
Resolution and Construction which are led by its principal partners, Lavinia Kumaraendran
and Balan Nair Thamodaran. Recognised for their effectiveness in managing and delivering
high quality and commercially sound legal solutions for the clients, both in litigation and
arbitration, the partners are regularly consulted on diverse range of practice areas.

The partners are supported by a team of dynamic and energetic senior associates and
associates, who have been trained to be engaged, synergistic and interactive when dealing
with clients and legal disputes. The team prides itself with keeping abreast with the latest
development of the law whilst keeping regular communication, honesty and clarity with
clients which are fundamentals of a client-solicitor relationship.

At LBC, we strive to meet the clients’ expectations, regardless of legal complexity, financial and
time limitations. To achieve this, and to provide a flawless two-way communication with
clients whilst maintaining high efficiency and productivity required by the clients, LBC has
embraced and invested in top class legal technology. In the nature of the work we undertake,
we work closely with other legal professionals towards achieving the whole encompassed
holistic approach and result for the clients.

WHAT WE DO

With over 30 years of cumulative experience between the partners of Lavania & Balan
Chambers, we have served both domestic and international clients from conglomerates to
individuals across a multitude of industries.
At Lavania & Balan Chambers, dispute resolution is more than just a profession, it is a passion.

Construction & Construction Corporate Corporate Recovery
Engineering Adjudication Litigation & Restructuring

Insolvency Employment & Contentious Probate Civil & Commercial
Litigation
Industrial Relations & Estate Claims

CONSTRUCTION & CONSTRUCTION
ADJUDICATION
ENGINEERING
Under the statutory mechanism of Construction
At Lavinia Balan Chambers, we have a team of Industry Payment and Adjudication Act (CIPAA)
dedicated lawyers experienced in providing an end- 2012, we represent clients in resolving payment
to-end legal, contractual and practical advice on a disputes arising from various types of construction
myriad of construction and engineering-related contracts involving projects catered to:
disputes. We also work closely with independent
industry experts in the areas of delay analysis, Civil engineering works;
quantum and project management to provide reliable Oil and petrochemical work; and
technical advice. Water, gas and works relating to consultancy
services such as architectural, feasibility studies,
Our core expertise includes the following areas: surveying and interior designing.

Civil Construction and Engineering Projects
Infrastructure Projects
Petrochemical Projects
Construction of Oil and Gas Refineries
Offshore Construction and Marine Engineering
Projects
Land Reclamation Projects
Professional Indemnity and Contractors’ All Risks
Insurance

CORPORATE LITIGATION CORPORATE RECOVERY &
RESTRUCTURING
A large part of our work in this area of work revolves
around: We regularly advise companies on corporate rescue
mechanisms under the Companies Act 2016 such as:
Shareholder and derivative actions;
Oppression actions; Schemes of Arrangement;
Claims involving director’s duties and liabilities; Corporate Voluntary Arrangement; and
Disputes arising out of joint ventures; Judicial Management.
Construction of shareholders’ agreements; and
Corporate governance litigation. These rescue mechanisms are aimed at giving
companies an opportunity to resuscitate their
Our clients range from small start-up businesses, business, restore profitability and maximise returns
SMEs, local blue-chip companies to multinational to their creditors. Our lawyers work hand in glove
entities spanning across various industries. We with leading insolvency practitioners to work out cost
handle disputes constructively and pragmatically effective solutions for the betterment and ultimately
with strategic commercial advice being pivotal in survival, of financially distressed companies.
delivering an effective solution for the client.
Additionally, our team also handles contentious
insolvency work such as investigating, pursuing and
defending claims for and against insolvent companies
and directors.

INSOLVENCY EMPLOYMENT &

We act for creditors, companies, liquidators and INDUSTRIAL RELATIONS
insolvency practitioners in defending and
commencing actions against directors relating to their Lavania & Balan Chambers offers professional advice
personal liabilities in winding up. on all aspects of employer-employee related issues,
including the following:
We regularly work alongside highly experienced
liquidators, receivers and managers to recover and Review of employment contracts and handbooks
realise the company’s assets in the most advantageous Review of all internal human resource (HR)
manner to the creditors. As an extension to this area policies and advising on day-to-day human
of practice, the firm has acted and continues to act in resource issues
instances where directors of insolvent companies Strategic management of workplace disputes
have been taken to court to answer to claims of Separation schemes
misfeasance. We are experienced in handling both Retrenchment, reorganisation or restructuring
voluntary and compulsory liquidation scenarios. exercise
General disciplinary related issues, including
Apart from corporate insolvency, the firm also dismissals and general compliance with
advises clients on a personal level wherein we act for employment related legislations.
debtors and creditors in their respective predicaments
arising from bankruptcy. We advise and deliver Our work also extends to representation in Court for
practical solutions to maximise recovery for creditors any contentious employment related issues. The vast
in a timely manner or conversely, in assisting debtors experience of our team enables us to manage
to oppose insolvency proceedings and reaching an employment disputes effectively whilst providing the
amicable solution. most cost-efficient and strategic solutions which are
in accordance with industry best practices.

CONTENTIOUS PROBATE CIVIL & COMMERCIAL

Contentious Probate can be defined as a dispute DISPUTES
arising out of someone’s estate after they have passed
away. In circumstances where people leave valuable A global economy and evolving legal system present
assets to others upon their death, the disputes and commercial entities with a wide array of legal
claims become increasingly common. This can range challenges. We are uniquely positioned to advise
from challenging the validity of a will to removing a clients and act in their best interests. The firm has a
chosen executor. wide-ranging commercial practice which includes
advocacy and advisory work across most commercial
We here at Lavania & Balan Chambers frequently areas, including:
advise clients in complex and high-profile probate
matters which include disputes on challenges to the Partnership Disputes
validity of wills, advising beneficiaries for an account Contractual Disputes
and inspection of documents, the removal and Trust
replacement of executors and trustees and claims Professional Negligence
against trustees and fiduciaries for breach of trust and Tortious Claims
claims for rectification and construction of wills. Defamation
In these matters, emotions at times can run high as
family relationships are at stake. We understand the We are committed to resolving disputes efficiently
sensitivity of the issues arising and the need to defuse and offer practical and realistic solutions to the
or resolve disputes whilst preserving family clients’ commercial needs. With lawyers experienced
relationships in matters which involve highly in all spectrums of civil and commercial litigation, we
contentious issues surrounding the estate. are prepared to aid clients to achieve success in some
of the most complex litigations and arbitrations.

WHO WE ARE

The partners are supported by a team of dynamic and energetic senior associates & associates,
who have been trained to be engaged, synergistic & interactive when dealing with client &
legal disputes.
The team prides itself with keeping abreast with the latest development of the law, and takes
priority in maintaining regular communication with utmost honesty & clarity.

MEET OUR PARTNERS

Lavinia Balan Nair Mavin
Kumaraendran Thamodaran Thillainathan

LAVINIA
KUMARAENDRAN

Partner

Lavinia Kumaraendran’s practice primarily focuses on corporate litigation,
particularly advising shareholders, directors and companies on a broad range of
shareholder disputes and boardroom battles. This includes proceedings relating to
breach of fiduciary duties by company directors, recovery of company funds and
assets misappropriated by wrongdoers.

She also advises clients on financial restructuring and corporate rescue matters
including schemes of arrangement and judicial management exercises. Lavinia also
handles claims relating to contentious probate and trust actions.

She regularly gives talks organised by the KL Bar Committee and Advocacy
Training Committee on advocacy and various topics of law. She also writes legal
articles, discussing legal aspects involving her primary areas of practice and other
current legal issues.

Qualification & Association Member of the Honourable
Society of Lincoln’s Inn
LL.B, University of West England, Committee Member of the
Bristol, U.K. Honourable Society of Lincoln’s
LL.M (Commercial Law), University of Inn Alumni Malaysia
Bristol, U.K. Committee Member of the
Barrister-at-Law, Lincoln’s Inn, U.K. Advocacy Training Council,
Advocate & Solicitor, High Court of Malaysia
Malaya (2005)
Money Laundering & Forfeiture
Core Areas of Practice Commercial Disputes
Securities Law
Corporate Litigation
Contentious Liquidation
Corporate Insolvency &
Restructuring

BALAN NAIR
THAMODARAN

Partner

Balan Nair Thamodaran is an experienced litigation and arbitration lawyer. He
primarily handles disputes relating to construction, energy and engineering law.

Balan regularly advises and acts for clients in disputes relating to construction
adjudication, civil construction, oil and gas, power plant, offshore construction and
marine engineering, logistics, infrastructure and palm oil (PORAM).

Apart from construction and energy related disputes, Balan also acts for clients on
other civil and commercial disputes, including aviation and employment law.

In 2015, Balan was appointed by law firms based in the US, Switzerland and
Australia to act as counsel to represent the family members of passengers on board
MH370 and MH17 in legal proceedings in Malaysia against the airline and several
other entities / institutions.

Qualification & Association Member of the Society of
Construction Law, U.K. and
LL.B (Hons.), University of London, Malaysia
U.K. Member of the Construction Law
LL.M (International Arbitration & Committee, Bar Council Malaysia
Construction Law), Queen Mary Member of International
University, U.K. Malaysian Society of Maritime
Advocate & Solicitor, High Court of Law
Malaya (2005)
Member of the Chartered Institute of
Arbitrators, U.K.

Core Areas of Practice Energy Law
Employment Law
International Arbitration Aviation Law
Construction & Engineering Law
Oil & Gas

MAVIN
THILLAINATHAN

Partner

Mavin Thillainathan holds an LL.B (Hons) degree from the University of Reading,
U.K and was called to the Bar of England and Wales as Barrister of the Honourable
Society of the Inner Temple in 2014. He was admitted as an Advocate and Solicitor
of the High Court of Malaya in 2015.

Mavin has a varied practice with particular emphasis in corporate and commercial
disputes. He often advises clients and acts in insolvency and corporate rescue
matters, claims involving directors’ duties and liabilities and shareholder disputes.
Apart from appearing in court, Mavin also has considerable experience in
arbitration proceedings under the AIAC (formerly KLRCA), ICC and UNCITRAL
rules. He has acted as co-counsel and junior counsel in several high value
commercial and oil and gas arbitrations.

Mavin often gives talks and webinars on corporate and commercial law related
issues. He also regularly pens his thoughts on topical issues in the legal industry
and renders case commentaries from time to time.

Qualification & Association

LL.B, University of Reading, U.K.
Barrister-at-Law, Inner Temple, U.K.
Advocate & Solicitor, High Court of Malaya (2015)

Core Areas of Practice

Directors’ Duties & Liabilities
Shareholder Disputes
Civil & Commercial Litigation
International & Domestic Arbitration

CONTACT US

Lavania & Balan Chambers

S-21-01, Wisma YNH, Kiara 163
Jalan Kiara, Mont Kiara

50480 Kuala Lumpur, Malaysia
T: 03-2704 5173 | E: [email protected] | F: 03-2704 5174

www.lbchambers.com.my

LAVANIA & BALAN CHAMBERS

ADVOCATES & SOLICITORS

A TRADITION OF TALENT

www.lbchambers.com.my