Dato Varghese George

Prior to being elevated, and while practising as an Advocate & Solicitor spanning over 35 years in the full service legal firm of Messrs Zain & Co, has had wide experience as a Litigator and Counsel in a variety of trials and appellate work at all tiers of the Malaysian Court system. Have represented individuals, Government-linked entities, and clients - both private and institutional, on a range of legal issues in the areas of civil, commercial and corporate practise, administrative actions (including planning appeals), land related matters (including land acquisition cases) and construction disputes involving roads, bridges and piers, buildings and factories and related arbitration proceedings.

As a Judge of the High Court, has presided over trials and applications over a wide spectrum of disputes in the civil and commercial areas of law. Have written judgments including on procedure and the law covering banking, insolvency, insurance claims, government proceedings, tortious actions, mergers and acquisition and corporate disputes (including minority oppression cases), land-ownership claims, land acquisition references, appeals from subordinate courts, industrial law, and judicial review over various types of quasi-judicial and administrative decisions. Have also acted as a Mediator in many court initiated mediations between parties in litigation.

As a Judge of the Court of Appeal, has dealt with appeals from decisions of the High Court and Subordinate Courts, involving all aspects of the law and procedure, including criminal and constitutional cases.
ARBITRATION EXPERIENCE

Have since early 1980s, acted as Junior and/or lead Counsel in various arbitrations, both institutional and ad-hoc. These covered various areas of commercial disputes (e.g. valuation of shares in a shares sales agreement, sales of goods agreement), and building construction disputes and claims, related to civil works (e.g. roads, earthworks & structures, piling), and also mechanical engineering (e.g. palm oil mill specification) contracts. Have represented both international and domestic contractors and principals in these arbitrations. Was previously appointed as the sole Arbitrator in two domestic commercial disputes but had to relinquish the appointments upon being elevated as a Judicial Commissioner of the Courts in 2009.
As a Judge have deliberated on and issued various decisions on issues including on applications for stay of proceedings, setting aside of and/or enforcement of arbitration awards, and generally on questions of law arising from Awards and a on the interpretations of various provisions of the current Arbitration Act 2005, in particular.

JUDICIAL APPOINTMENTS / POSITIONS

Judicial Commissioner, High Court Malaya Kuala Lumpur, Penang (November 2009 to July 2011)
Judge of the High Court Malaya (Penang) (August 2011 to September 2013)
Judge of the Court of Appeal, Putrajaya, Malaysia (October 2013 to January 2017)

APPOINTMENTS

On the Panel of Advisory Editors, Malaysian Civil Procedure - 2013 & 2018 (Sweet & Maxwell)
On the Panel of Arbitrators, Asian International Arbitration Centre (AIAC) 2017-2020 [formerly Kuala Lumpur Regional Centre for Arbitration (KLRCA)]
On the Panel of Mediators, Asian International Arbitration Centre (AIAC) 2017-2020 [formerly Kuala Lumpur Regional Centre for Arbitration (KLRCA)]
On the Panel of Adjudicators of Asian International Arbitration Centre (AIAC) July 2017 [formerly Kuala Lumpur Regional Centre for Arbitration (KLRCA)]

Membership

Fellow of the Chartered Institute of Arbitrators (FCIArb) - 2006
Fellow of the Malaysian Institute of Arbitrators (F. MIArbs) - 2006