Albert Alfred Monichino
Construction and Infrastructure, Corporate, International Trade, Joint Venture
Construction, Energy and Real Estate
Since 2016, I have been acting as a full-time Independent International Arbitrator, Mediator and Tribunal Secretary; and accept appointments in these roles in a broad spectrum of disputes across the globe including pan-India. I have also acted as an expert witness on Indian law for proceedings in England and regularly invited as a speaker on topics related to International Arbitration and other forms of ADR. Prior to 2016, I provided strategic legal advice to be adopted in litigation, ad hoc and institutional arbitrations (domestic and international) to Indian and foreign clients including high net-worth individuals (HNIs) in a broad range of corporate, financial and commercial disputes (to name a few) viz. white-collar crimes, telecom, construction, solar power, EPC disputes, commodities, employment, labour, etc. In addition to India, I have advised entities in Iceland, Sri Lanka, Singapore, Malaysia, Hong Kong, England, Germany, France, Japan, Spain and U.S.A.
1) Anish Wadia, Suvrajyoti Gupta, Surjendu Das and Abhishek Mishra, Chapter on Alternative Dispute Resolution in India which forms part of the Book Introduction to Indian Laws [expected 2020]
2) Anish Wadia and Magdalena Göbel, CEAC’s 10th Anniversary Arbitration Conference on China’s Belt and Road Initiative: A Report on the Common and Civil Law Perspectives viz. the Interplay between the UNIDROIT Principles and the CISG – published in a special issue of the Hamburg Version: 27 April 2020 Law Review (HLR) on 08 August 2019: ‘Towards Use of the UNIDROIT Principles 2016 in Practice – a Bridge between Common and Civil Law’ [(2018) 2 HLR 107-120] – https://bit.ly/2p4Mcen
3) Member of the team of authors for the Indian Arbitration Forum (IAF) that prepared the Best Practices Guidelines for Conduct of Arbitral Proceedings (IAF Guidelines, April 2018) – http://ssrn.com/abstract=3188725
4) Anish Wadia and Shivani Rawat, Third-Party Funding in Arbitration – India’s Readiness in a Global Context – published in ‘Transnational Dispute Management - Special Issue on International Commercial and Investment Disputes in and with India’ [(2018) 15(2) TDM] – https://ssrn.com/abstract=3014001
TDM Editorial: “Anish Wadia and Shivani Rawat have demonstrated the permissibility and enforceability of third-party funding in India since 1876 by engaging in an exhaustive analysis of relevant judicial authorities. This is followed by a comprehensive dialogue on all major aspects of third-party funding in international commercial and investment arbitration, including disclosure norms and FEMA. The authors have proposed a viable regulatory framework for India inspired by best practices from other jurisdictions.” – https://bit.ly/2utPSW8
The Times of India (Sunday, 24 February 2019): “Advocates Anish Wadia and Shivani Rawat, in a 201 paper, traced permissibility of TPF to an 1876 judgement. Wadia said “amendments to [the] Civil Procedure Code for Maharashtra by the Bombay [High Court] in 1983 acknowledged the permissibility of TPF by including measures for security for costs awarded against the funded claimant. Few other states had followed suit to ensure securing costs from TP funders. TPF holds significant potential and its success would pave way for traditional modes like litigation.”” – https://bit.ly/2tzO4ua
General Law Experience
Anthony has a broad practice both at trial and appellate level spanning diverse areas including commercial, equity, corporations, insurance law, professional indemnity, property and sports law. He has a particular interest in banking and insolvency in respect of which he has written extensively and has been named in “Doyles Guide to the Australian Legal Profession” in 2011 and again in 2015-2018 and 2019 as one of Australia’s leading insolvency and reconstruction Silks.
Anthony has advised and appeared for:
Sports Law Experience
As an advocate, Anthony has advised and appeared for:
Arbitral Panel Appointments
As both a sole and panel arbitrator including as Chair in over 60 domestic and international arbitrations involving commercial, disciplinary and governance disputes.
Court of Arbitration for Sport (CAS)
Sport Resolutions (UK)
Football Federation Australia (FFA)
Acting Racing Appeals Tribunal
Other Arbitral Appointments
Lawyer and Arbitrator
Member and president of panels of arbitrators, in administrated and “ad hoc” proceedings, even as the third arbitrator appointed by the Courts and Arbitration Chamber for Public Contracts in Rome, on the advice of public institutions and public companies.
Negotiator and main drafter of contracts (EPC, construction, contractors and sub-contractors) and dispute resolver relating to industrial plants and energy sources for public authorities and private companies.
Appointed as lawyer and advisor to over 2000 cases before the Italian Courts.
Liquidator and trustee at the Court of Justice of Taranto – Italy.
Since 2013 appointed as lawyer for in&out-of-court matters in the United Kingdom.
Of counsel (on behalf of SICS INGEGNERIA S.r.l. vs/ SOIL S.r.l.) in institutional arbitration (Italian Chamber of Commerce of Taranto-Italy); value €5mln; claims on engineering contract and payments
Lawyer (appointed by the Municipality of Taranto vs/ Mattioli S.p.a.) in ad-hoc arbitration (panel of 3 arbitrators seated in Lecce-Italy); value €10mln; claims on public procurement construction contract and payments
Lawyer (appointed by Cemit S.r.l. vs/ Sidermontaggi in liq. S.p.a.) in ad-hoc arbitration (sole arbitrator seated in Taranto-Italy); value €1mln; claims on business lease agreement
Lawyer (appointed by the Municipality of Taranto vs/ Impresa Falcicchio S.s.s.) in institutional arbitration (Arbitration Chamber for Public Contracts in Rome - Italy); value €20mln; claims on public procurement construction contract and payments
Arbitrator (appointed by the Municipality of Martina Franca vs/ Di Battista Costruzioni s.r.l. as member of panel of 3 arbitrators at Arbitration Chamber for Public Contracts in Rome - Italy) in institutional arbitration between a local authority and a company; value €10mln; claims on public procurement construction contract and payments
Arbitrator (president of panel of 3 arbitrators seated in Taranto-Italy) in ad-hoc arbitration between two companies; value 200K; claims on corporate matters and negligence of board of management
Arbitrator (president of panel of 3 arbitrators seated in Cosenza-Italy) in ad-hoc arbitration between two companies (LIGI S.p.A. vs/ Casa di Cura Santa Lucia S.r.l.); value €3mln; claims on sale of good (medical equipment); breach of contract and payments
Of counsel (panel of 3 arbitrators seated in Florence-Italy) in ad-hoc arbitration between two companies (Nuovo Pignone S.p.A.-GE Oil&Gas Group vs/ I.M.S. S.p.A.); value €2,5mln; claims on oil&gas and construction contract
Of counsel (panel of 3 arbitrators seated in Bologna-Italy) in ad-hoc arbitration between two companies (Nuovo Pignone S.p.A.-GE Oil&Gas Group vs/ Sidermontaggi S.p.A.); value €6mln; claims on oil&gas and construction contract
Leogrande A., Diritto dell’energia, in Codice dell’Ambiente e normativa collegata, UTET, Turin, edited by Buonfrate A., 2008, ISBN 9788859802457SBN: 978-8
Articles and case notes:
LLB (Hons.) UK, LLM (U. Malaya), CLP (Malaysia), FCIArb (London)
CLP (Malaysia), FCIArb (London)
Arun Kasi, Lecture Notes: Contract Law, Penang, IPG, 1996
Arun Kasi, Arbitration: Stay of Court Proceedings and Anti-Suit Injunctions, Kuala Lumpur, CLJ Publication, 2014
Hamid Sultan Bin Abu Backer, Mah Weng Kwai and Arun Kasi, Civil Procedure, 6th edn., Kuala Lumpur, Janab, 2018
Hamid Sultan Bin Abu Backer, Mah Weng Kwai and Arun Kasi, Joy Appukuttan, The Law of Evidence, Advocacy and Professional Ethics, 5th edn., Kuala Lumpur, Janab, 2018
Hamid Sultan Bin Abu Backer, Mah Weng Kwai, Arun Kasi, Amirudeen Bin Hamid Sultan and Dinesh Nandrajog Practical Conveyancing and Islamic Banking, 3rd edn., Kuala Lumpur, Janab, 2018
Hamid Sultan Bin Abu Backer, Ashgar Ali and Arun Kasi, University cum Court Annexed Arbitration: Model Scheme Book, 2018
Adnan Yaakob, Ashgar Ali, Arun Kasi, Mohammad Naqub and Muhamad Hassan, Alternative Dispute Resolution: Law & Practice, Kuala Lumpur, CLJ Publication, 2020
Hamid Sultan Bin Abu Backer and Arun Kasi, ‘Universities as Arbitration Centres’, Journal of The Commonwealth Lawyers’ Association, Vol. 27, No. 1, April 2017, p. 20
Hamid Sultan Bin Abu Backer and Arun Kasi, ‘Empowering Universities as Arbitration Centres: A Global Perspective’  2 ILJ; Newsletter of Asia Pacific Regional Arbitration Group, July-Dec 2017 Issue, p. 33;  6 MLJ 164 (Madras Law Journal);  1 LNS(A) lxxxii; MEI (NUS) Perspective Series 10, April 2018
Hamid Sultan Bin Abu Backer and Arun Kasi, ‘Waiver of Right of Recourse against Arbitral Award: A Global Perspective‘  3 ILJ,  1 LNS(A) xi
Ashgar Ali Ali Mohamed, Farheen Baig Sardar Baig, Muhamad Hassan Bin Ahmad, Arun Kasi, ‘Occupational Stress: An Analysis of the Causes’, Indian Journal of Public Health and Research & Development, Vol. 9, No. 12, December 2018 p. 2638
Ashgar Ali, Farheen Baig and Arun Kasi, ‘Workplace Stress: The Employer’s Liability’  1 MLJ
Ashgar Ali, Farheen Baig and Arun Kasi, ‘Occupational Stress: An Analysis of the Causes’  2 MLJ
Ashgar Ali, Farheen Baig and Arun Kasi, ‘Bankruptcy of Claimant and Representation under Section 20(1) of the Industrial Relations Act 1967: Whether Previous Sanction of the Director General of Insolvency Required’  8 CLJ ix
Ashgar Ali Ali Mohamed, Mohammad Naqib Ishan Jan, Muhamad Hassan Ahmad, Arun Kasi, “Genuine Redundancy and Retrenchment Compensation: An Analysis of Malaysian Law”, Proceedings of ADVED 2018- 4th International Conference on Advances in Education and Social Sciences, 15-17 October 2018- Istanbul, Turkey at p. 629 IJASOS- International E-journal of Advances in Social Sciences, Year 2018, Volume 4, Issue 12 at pp. 658-663
Ashgar Ali Ali Mohamed, Mohammad Naqib Ishan Jan, Muhamad Hassan Ahmad, Arun Kasi, “Minimizing Psychological Impact on Workers in Genuine Redundancy: Formulating Guidelines for Employer”, Proceedings of ADVED 2018- 4th International Conference on Advances in Education and Social Sciences, 15-17 October 2018- Istanbul, Turkey at p. 635 IJASOS- International E-journal of Advances in Social Sciences, Year 2018, Volume 4, Issue 12 at pp. 239-244
Arun Kasi, ‘Volcafe v Compania Sud Americana de Vapores: Implications for Malaysia, Singapore and India’, Journal of The Commonwealth Lawyers’ Association, Vol. 29, No. 3, December 2019, p. 20; The Law Review, Sweet & Maxwell,  LR 71.
Arun Kasi, ‘Burden of Proof under Hague / Hague-Visby Rules: Volcafe 2010 or Glendarroch 1894 for Malaysia, Singapore and India?’,  1 LNS(A) v
Arun Kasi, ‘Role of Arbitration in Resolution of International Disputes’  1 LNS(A) cviii
Arun Kasi, ‘Malaysia: Legal System – with particular reference to Admiralty and Arbitration laws’, ISAAL, 2017
Arun Kasi, ‘Forum Competition in Religious Conversion Cases in Malaysia’, Journal of The Commonwealth Lawyers’ Association, Vol. 27, No. 3, December 2017, p. 19,  1 LNS(A) xvii; The Law Review,2016 (Sweet & Maxwell, Malaysia)
Arun Kasi, ‘Case of Dr V Thuraisingam V. Sanmarkanganapathy and a Comparative Analysis of Medical Negligence Cases in Singapore, Malaysia and other Jurisdictions‘  1 LNS(A) xxvii
Arun Kasi, ‘Application for stay of court proceedings in favour of arbitration agreement before taking any other steps’  1 LNS(A) cxxvi;  5 MLJ
Arun Kasi, ‘Dispute as to existence of dispute for reference to arbitration’  1 LNS(A) lxxi
Arun Kasi, ‘What disputes are arbitrable?’  1 LNS(A) xxi
Arun Kasi, ‘Anti-suit injunction in enforcement of arbitration agreement and exclusive jurisdiction agreement’  1 LNS(A) xv;  6 MLJ i
Arun Kasi, ‘Arbitration clause and exclusive jurisdiction clause – a case for conflict or harmony?’  1 LNS(A) viii;  1 MLJ i
Arun Kasi, ‘Enforcement of arbitration agreement and seat of arbitration’  1 LNS(A) ii
Arun Kasi, ‘Which act applies today to old agreements – arbitration act 2005 or arbitration act 1952?’  1 LNS(A) lxxxix
Arun Kasi, ‘The veil of arbitration agreement’  1 LNS(A) lxxxvi
Arun Kasi, ‘Who decides validity of arbitration agreement – court or arbitral tribunal?’  1 LNS(A) lxxiii
Arun Kasi, ‘Effect of arbitration agreement under different heads of law’  1 LNS(A) xxx
Arun Kasi, ‘Development of public policy towards arbitration’  1 LNS(A) xxii
Arun Kasi, ‘What is and what is not an arbitration agreement?’  1 LNS(A) iii
Arun Kasi, ‘The Constituents of Arbitration Agreement’  2 MLJ clxxv
LLB, THAMMASAT UNIVERSITY
LL.M. (CRIMINAL LAW), THAMMASAT UNIVERSITY
THAI BARRISTER, THE THAI BAR ASSOCIATION UNDER ROYAL PATRONAGE
LL.M. (OIL AND GAS) LAW, UNIVERSITY OF ABERDEEN (COMMENDATION), THAI GOVERNMENT SCHOLARSHIP
LL.M. (ENERGY LAW), UNIVERSITY OF ABERDEEN, UNITED KINGDOM GOVERNMENT (CHEVENING) SCHOLARSHIP
LEGAL OFFICER, OFFICE OF THE PERMANENT SECRETARY, MINISTRY OF FINANCE
CUSTOMS OFFICER, SUVARNABHUMI AIRPORT CARGO CLEARANCE BUREAU, DEPARTMENT OF CUSTOMS
GUEST LECTURER IN ENERGY LAW, CHULALONGKORN AND BANGKOK UNIVERSITY
GUEST LECTURER IN ECONOMIC, THAMMASAT UNIVERSITY
MEMBER OF APPEAL COMMISSION OF THAI FOOTBALL AUTHORITY (FA) UNDER ROYAL PATRONAGE
ALMOST DECADE EXPERIENCED IN WIDE RANGE OF STATE CONTRACTS AS ARBITRATION COUNSEL.
EXPERTISE SKILLED IN ENERGY, ENVIRONMENT, TECHNOLOGY, TELECOMMUNICATION, SPORT, AND CONSTRUCTION/INFRASTRUCTURE.