Rahul Farhan, Senior Associate

Biography
Notable cases

Biography

Rahul Farhan is a Senior Associate at TS Oon & Partners.

He has substantial years of experience at various boutique law firm with regional expertise in Southeast Asia and handled complex and high-stakes legal disputes. He routinely advises and represents clients in cross-border disputes, with a core practice area in fraud and asset tracing, corporate and commercial disputes, construction and projects, banking litigation, insolvency and restructuring, and employment law. Clients have praised Rahul Farhan for his ability to articulate complex cases in a clear and concise manner. His sound advice, analytical skills and patience in guiding clients step-by-step through the process, have been highly valued by clients.

Notable cases

Advised and acted for Sapura Offshore Sdn Bhd in initiating recovery proceedings for the restitution of RM8 million paid pursuant to various charterparty agreements for the charter of vessels. The advice considered circumstances where a petition for winding up may be commenced notwithstanding the existence of an arbitration clause in the charterparty agreements.

Advised the owner of two hydro plants in Telekosang, Sabah on potential claims of liquidated damages in the value of RM40 million for the non-completion of works by the main contractor. Further advised the owner on the prospects of success in resisting threats by the main contractor to restrain the owner’s demands for payments under performance guarantees.

Acted and advised a group of over 150 investors in the initiation of a collective action for the recovery of approximately RM25 million, being the investment sums under interest schemes involving Agarwood trees and its yields. The case involved complex and developing issues of conflict of laws including whether it is in the interest of public policy to refuse giving effect to arbitration clauses where public adjudication of the dispute is required, and other issues of non-arbitrability under the Arbitration Act 2005. Media coverage of the fraudulent scheme may be found at this link: (1) Agarwood Media Coverage / (2) Agarwood Media Coverage.

Advised Green Ribbon Group, a mental health platform, on the restructuring, reorganisation and downsizing of the group which involved the retrenchment of its employees and the variation to the terms of an employee’s contract.

Acted as co-counsel in opposing a professional negligence claim seeking RM10 million in damages, brought by Genting Malaysia Berhad against a prominent architect firm for failing to challenge and/or inspect the works undertaken by the main contractor of the Genting SkyWorlds Theme Park.

Acted for the contributories of a company involved in palm oil and rubber plantation for orders in relation to the distribution in specie of its shares post winding up.

Acted as co-counsel in successfully opposing a judgment on admission application for a claim of trespass against Malaysia’s largest water provider resulting from pipe laying works.