v5 Balan Lavinia Chambers Firm Profile 2022 (1)

LAVANIA & BALAN CHAMBERS

ADVOCATES & SOLICITORS

A TRADITION OF TALENT

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.

AREAS OF PRACTICE

Construction & Construction Corporate Corporate Recovery
Engineering Adjudication Litigation & Restructuring

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

CONSTRUCTION & ENGINEERING

At LBC, we have a team of dedicated lawyers experienced in providing an end-to-
end legal, contractual and practical advice on a myriad of construction and
engineering-related disputes. We also work closely with independent industry
experts in the areas of delay analysis, quantum and project management to provide
reliable technical advice.

Our core expertise includes the following areas:

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

CONSTRUCTION ADJUDICATION

Under the statutory mechanism of Construction Industry Payment and Adjudication
Act (CIPAA) 2012, we represent clients in resolving payment disputes arising from
various types of construction contracts involving projects catered to:

Civil engineering works;
Oil and petrochemical work; and
Water, gas and works relating to consultancy services such as architectural,
feasibility studies, surveying and interior designing.

CORPORATE LITIGATION

A large part of our work in this area of work revolves around:

Shareholder and derivative actions;
Oppression actions;
Claims involving director’s duties and liabilities;
Disputes arising out of joint ventures;
Construction of shareholders’ agreements; and
Corporate governance litigation.

Our clients range from small start-up businesses, SMEs, local blue-chip companies to
multinational entities spanning across various industries. We handle disputes
constructively and pragmatically with strategic commercial advice being pivotal in
delivering an effective solution for the client.

CORPORATE RECOVERY &
RESTRUCTURING

We regularly advise companies on corporate rescue mechanisms under the
Companies Act 2016 such as:

Schemes of Arrangement;
Corporate Voluntary Arrangement; and
Judicial Management.

These rescue mechanisms are aimed at giving companies an opportunity to
resuscitate their business, restore profitability and maximise returns to their
creditors. Our lawyers work hand in glove with leading insolvency practitioners to
work out cost effective solutions for the betterment and ultimately survival, of
financially distressed companies.

Additionally, our team also handles contentious insolvency work such as
investigating, pursuing and defending claims for and against insolvent companies
and directors.

OTHER PRACTICE AREAS

In addition to the above, LBC’s areas of practice include the following:

Insolvency

Contentious Probate & Estate Claims

Employment & Industrial Relations

Aviation

Civil & Commercial Litigation
a. Partnership Disputes
b. Contractual Disputes
c. Trust
d. Professional Negligence
e. Tortious Claims
f. Defamation

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.

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

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

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

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

Being an Advocacy Trainer with the Advocacy Training Committee of the
Malaysian Bar, Lavinia enjoys training advocacy and has trained advocates in
Malaysia and other jurisdictions such as Singapore and South Africa. Lavinia
often gives talks, webinars and has been actively involved in continuing legal
education seminars organised by the Bar Council Continuing Professional
Development Committee, Current Law Journal Series and is often invited to judge
intervarsity moot competitions.

Qualification & Association Member of the Honourable Society of
Lincoln’s Inn
LL.B, University of West England, Bristol, Committee Member of the Honourable
U.K. Society of Lincoln’s Inn Alumni
LL.M (Commercial Law), University of Malaysia
Bristol, U.K. Committee Member of the Advocacy
Barrister-at-Law, Lincoln’s Inn, U.K. Training Council, Malaysia
Advocate & Solicitor, High Court of Malaya
(2005)

Core Areas of Practice Money Laundering & Forfeiture
Commercial Disputes
Corporate Litigation Securities Law
Contentious Liquidation
Corporate Insolvency & Restructuring

MAVIN Mavin Thillainathan holds an LL.B (Hons) degree from the University of Reading,
THILLAINATHAN 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
Partner 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

Tel: 03-2704 5173
Fax: 03-2704 5174
Email: [email protected]
Website: www.lbchambers.com.my

Lavania & Balan Chambers T: +603 2704 5173
F: +603 2704 5174
S-21-01, Wisma YNH, Kiara 163 E: [email protected]
Jalan Kiara, Mont Kiara
50480 Kuala Lumpur, Malaysia