Mohanadass Kanagasabai

On the court record

Mohanadass Kanagasabai appears in the reported corpus as an arbitration and construction litigator, with the supervision and enforcement of arbitral awards a clear focus across the High Court and Court of Appeal. His construction work is visible in a matter concerning cracks and delamination of the external plaster walls of a development, Sky Loft Premium Suites, where the claim combined breach of contract against one defendant and negligence against both, and the court examined the liability of the defendants for the construction defects. His arbitration practice runs throughout the remaining reported matters. He was engaged in an application to set aside an arbitration award under sections 37(1)(a)(vi), 37(1)(b)(ii), 37(2)(b)(i) and 37(2)(b)(ii) of the Arbitration Act 2005, arising from a claim for compensation for losses and damages and an alleged breach of a duty to nominate buyers to sign a sale and purchase agreement.

His reported work also engages the enforcement of awards and the gateway to arbitration itself. He appeared as respondent's counsel in a Court of Appeal matter on the recognition and enforcement of an arbitral award under the Arbitration Act 2005, arising from an alleged breach of the express and implied terms of a contract for the supply of cost-plus valves that was said to have caused substantial loss. In further High Court matters he was engaged on an application by Felda Global Ventures Plantations (M) Sdn Bhd under section 27(7) of the Arbitration Act 2005 to stay the hearing of an originating summons, and on whether there had been a breach of an arbitration agreement, whether the agreement had been rendered inoperative, and whether a party had abandoned or waived its right to proceed to arbitration. Across these reported decisions his work concentrates on arbitration — the setting aside, recognition and enforcement of awards, and the stay of court proceedings in favour of arbitration — alongside the construction disputes from which such references so often arise, marking Mohanadass Kanagasabai as counsel in arbitration and construction litigation.