Sivabalah Nadarajah
About Sivabalah Nadarajah
Sivabalah Nadarajah appears as counsel of record in 4 reported Malaysia judgments (2025–2026). These were heard before MYFC (2), MYHC (1) and MYCOA (1).
On the court record
The reported matters span industrial-relations, judicial-review and international-organisation immunity work, grounded in High Court, Court of Appeal and Federal Court judgments.
Sivabalah Nadarajah's reported matters are concentrated in employment and industrial relations and in judicial review, argued in the High Court, the Court of Appeal and the Federal Court. An industrial-relations decision concerned whether a Minister had acted contrary to subsection 26(3) of the Industrial Relations Act 1967 in failing to address his mind to an internal settlement mechanism agreed between the parties before referring a dispute; appearing for a respondent, the Court allowed several of the prayers sought, with costs of RM10,000 ordered against one of the respondents.
A related dismissal matter reached the Court of Appeal by way of judicial review, where the complaint was that a dismissal was wrongful, unlawful and premature, and the question was whether the Industrial Court's award was tainted by an appealable error. Appearing for the appellant, the Court found that the award was affected by an error of law and that the High Court had been correct to allow the judicial review and quash it, so the appeal was dismissed.
The profile also reaches a significant question of institutional immunity. In Federal Court appeals concerning the extent of the legal immunity enjoyed by an international organisation in Malaysia, the question was whether the immunity conferred on the Asian International Arbitration Centre protected it from suit; appearing for the appellant, the Court held that the words of the statutory provision were clear in providing that no action or suit could be instituted or maintained against the centre or its officers. A thread across these decisions is the intersection of employment protection with public and administrative law, from the Minister's duties under the Industrial Relations Act and the review of an Industrial Court award, to the statutory immunity of an international arbitration institution, argued in the High Court, the Court of Appeal and the Federal Court of Malaysia.
How many cases has Sivabalah Nadarajah appeared in?
Sivabalah Nadarajah appears as counsel of record in 4 reported Malaysia judgments (2025–2026).
Which courts does Sivabalah Nadarajah appear in?
Sivabalah Nadarajah appears before MYFC (2), MYHC (1) and MYCOA (1).
What is the focus of Sivabalah Nadarajah's reported cases?
They are concentrated in employment and industrial relations and in judicial review, including a dispute over a Minister's duties under the Industrial Relations Act 1967, a challenge to an Industrial Court award, and a Federal Court matter on the immunity of an international arbitration institution.
What did the Federal Court decide about the arbitration centre's immunity?
Appearing for the appellant, the Court held that the words of the statutory provision were clear in providing that no action or suit could be instituted or maintained against the Asian International Arbitration Centre or its officers, giving effect to its legal immunity.
What was the industrial-relations question under section 26(3)?
Whether a Minister had acted contrary to subsection 26(3) of the Industrial Relations Act 1967 by failing to address his mind to an internal settlement mechanism agreed between the parties before referring the dispute; appearing for a respondent, several prayers were allowed.