Rabindra S. Nathan

Rabindra S. Nathan is a Partner and Head of the Restructuring & Insolvency practice at Shearn Delamore & Co., with extensive experience in insolvency, restructuring, dispute resolution, arbitration and litigation.

He is one of the most experienced insolvency practitioners in Malaysia, having acted in the three largest insolvencies in Malaysian history. He has served as principal legal counsel to the Administrator of Malaysia Airlines under the Malaysia Airlines System (Administration) Act 2015 (2015–2020) and acted for syndicates of lenders, liquidators and banks in complex restructuring and insolvency matters. He has appeared regularly before the High Court, Court of Appeal and Federal Court of Malaysia, and has acted in high-profile reported cases including Celcom Malaysia Berhad v Mohd Shuaib Ishak (the first Malaysian case on statutory derivative action) and CIMB Investment Bank v Ernst & Young (the first reported statutory audit negligence case in Malaysia). He regularly acts in domestic and international commercial arbitrations under ICC, AIAC, SIAC and UNCITRAL rules, and has given expert testimony on Malaysian law in the High Court of Singapore and in international arbitrations.

Rabindra holds an LL.B (Hons) from the University of Canterbury, New Zealand (1985) and an LL.M (Hons) from Sidney Sussex College, Cambridge University (1987–1988). He was admitted as a Barrister & Solicitor of New Zealand (1986) and as an Advocate & Solicitor of the High Court of Malaya (1987).

He is a founding member and Council member of the Insolvency Practitioners’ Association of Malaysia (IPAM), the sole Malaysian member of the International Insolvency Institute (III), and a member of the ICC Panel of Arbitrators, Malaysia. He served as Country Consultant for Malaysia to the Asian Development Bank (Insolvency TA) and as a member of the III delegation to the UNCITRAL Working Group VI sessions in Vienna (2013–2017).