Sanjay Mohan

On the court record

Sanjay Mohan appears in the reported corpus as counsel in arbitration, construction and insolvency disputes, across the High Court and Court of Appeal. His arbitration and construction-payment work is prominent. Acting for the appellant, he was engaged in an application to set aside an ex parte order touching a performance bond, where the central question was whether a demand on the bond was unconscionable and whether an interim measure under section 11 of the Arbitration Act 2005 and security for costs were warranted, the application invoking Orders 29, 32, 42 and 92 of the Rules of Court 2012. In linked High Court proceedings between a construction company and a developer he appeared on the enforcement of an arbitral award under section 38 of the Arbitration Act 2005 and, in the mirror action, on an application to set the award aside on various grounds.

His reported work also reaches the interpretation of property contracts and the conduct of liquidators. In one Court of Appeal matter he was engaged in a dispute over a Developer's Interest Bearing Scheme, where the issue was the meaning of the "construction period" — whether it was limited to a 48-month contract period or extended until the delivery of vacant possession — and the court applied the contra proferentem rule to an ambiguity in the drafting, aided by contemporaneous documents. In a further Court of Appeal matter he appeared as respondent's counsel on the setting aside of a liquidator's decision to sell the assets of a company at an alleged undervalue, and whether section 517 of the Companies Act 2016 may be used to set aside a prior order of court granted under section 487(3). Across these reported decisions his work spans arbitration, performance bonds, construction-contract interpretation and insolvency, marking Sanjay Mohan as counsel in commercial and construction disputes at the appellate level.