Sachin Nair


Sachin is a commercial litigator. His practice primarily consists of fraud and asset recovery, commercial and contractual disputes, competition law, and regulatory disputes.

On fraud and asset recovery, he has been involved in domestic and cross border fraud cases. He has dealt with freezing and proprietary injunctions and has experience liaising with law enforcement authorities in relation to fraud matters.

He has worked on contractual disputes involving both domestic and foreign companies and has been involved cases dealing with fundamental and relatively novel points of the law of contract in Malaysia.

He is part of the firm’s competition practice and has worked on appeals against decisions of the Malaysian Competition Commission (“MyCC”) before the Competition Appeal Tribunal, High Court, and Court of Appeal including landmark decisions.

He graduated from the University of Manchester in 2017 and is a Barrister-at-Law (Lincoln’s Inn). He holds a Master’s in Competition Law from King’s College London and is due to graduate with a Bachelor of Civil Law from the University of Oxford.

Key Practice Areas

Fraud And Asset Recovery
  • Advising foreign victims of a ‘boiler-room’ fraud perpetrated in Malaysia and other jurisdictions.
  • Assisting counsel in a Kuala Lumpur High Court suit involving the misappropriation of company funds by a former fiduciary. Drafted an application and written submissions in support of a freezing injunction against the defendant former fiduciary and successfully obtained a freezing injunction order.
Competition Law
  • Assisted counsel in a Competition Appeal Tribunal appeal by 22 insurers, the General Insurance Association of Malaysia, and Bank Negara Malaysia against the decision of the MyCC. Drafted replies to the appellants’ notices of appeal and written submissions opposing the application for a stay of the MyCC’s decision: see Chubb Insurance (Malaysia) Bhd & Ors v Competition Commission [2021] 11 MLJ 189. The decision represents the first reported authority on the application of the test for a stay of the MyCC’s decision pending an appeal before the Competition Appeal Tribunal.
  • Assisted counsel in the Court of Appeal concerning the MyCC’s first finding of infringement under section 40 of the Competition Act 2010 against two major airline operators in relation to a market-sharing agreement. Drafted written submissions on behalf of the MyCC which dealt with the interpretation of the Competition Act 2010, in particular the ‘deeming provision’ under Section 4(2) of the Competition Act 2010: see the landmark decision in Malaysia Airline System Bhd v Competition Commission and Another Appeal [2021] MLJU 2089.
Commercial Litigation
  • Acting as junior counsel for a Singaporean company in a contractual dispute concerning an agency agreement for the supply of coal.
  • Assisting counsel in a contractual dispute involving the right to terminate under an agreement. Drafted written submissions, on behalf of the defendant company, to oppose a summary judgment application and in support of a striking out application. The written submissions dealt with the law of good faith in Malaysia and the Braganza duty. The Kuala Lumpur High Court found in favour of the defendant for both applications and commended the written submission for its exposition and analysis of the law and the quality of drafting: see Pureman Venture Sdn Bhd v Kedah Cement Sdn Bhd & Another [2021] MLJU 807.
Regulatory Enforcement
  • Assisting counsel in a civil suit brought by the Securities Commission of Malaysia against a former director of a company in relation to securities fraud. Drafted written submissions in support of an injunction (under the Capital Markets and Services Act 2007) which dealt with assets located abroad and issues of conflict of laws.
  • Bachelor of Civil Law, University of Oxford (2024)
  • Advocate & Solicitor, High Court of Malaya (2021)
  • LL.M. (Hons), King’s College London (2019)
  • Barrister-at-Law (Lincoln’s Inn) (2018)
  • LL.B. (Hons), University of Manchester (2017)
Publications and Talks
  • Author, ‘The CAT’s Decision in Warehouse Operators: Case Comment’, CLJ, 2024.
  • Author, ‘Brexit and the declaration of ineffectiveness: Channel Tunnel Group Ltd v Secretary of State for Transport [2019] EWHC 419 (TCC)’, The Institution of Civil Engineers Construction Law Quarterly, 2019.
  • Author, ‘No litigation privilege for commercial settlement discussions: WH Holding Limited & Anor v E20 Stadium LLP [2018] EWCA Civ 2652’, The Institution of Civil Engineers Construction Law Quarterly, 2019.
  • Author, ‘Out by the door, back through the window: “no oral modification” clauses’ The Institution of Civil Engineers Construction Law Quarterly, 2018.