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Nabila Abdul-Malik Ottawa Lawyer

Nabila Abdul Malik

Partner Fasken
In commercial disputes, one must go beyond merely stating what the law is, and work with clients to craft practical legal solutions tailored to meet their particular needs.
Jurisdiction Ontario, 2020 | New York, 2018 | Malaysia, 2015 | England and Wales*, 2011
Office(s) Ottawa, London
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Overview

Nabila Abdul Malik practises predominantly in the areas of international arbitration, commercial litigation, international trade and investment as well as white collar defence. Her breadth of experience and knowledge across multiple jurisdictions enable her to assist clients in a myriad of commercial contexts.

Nabila obtained her law degree from the University of Oxford and her master’s degree in law from Columbia University in New York. She is called to the Bar in four jurisdictions across three different continents.

Nabila has a broad commercial litigation and arbitration practice, with clients benefiting from her exceptional legal background, breadth of experience and knowledge of a wide range of laws, policies and practices. In the course of her varied legal career, she has represented corporations, investors and sovereign States before courts and tribunals, and provides legal advice in relation to a broad spectrum of issues and a wide variety of industries. 

Prior to joining Fasken, she was a prosecutor at the Attorney General’s Chambers of Malaysia, where she was involved in extradition, bail and habeas corpus proceedings before the courts. She also provided legal advice as federal legal counsel to the government of Malaysia, and represented the government in civil matters before the courts.

Nabila has worked at an international arbitration law firm, where she acted as counsel in numerous international arbitration proceedings, both commercial and investment, conducted under various arbitration rules including ICSID, UNCITRAL, ICC, SIAC, LCIA and DIAC. 

She has also worked at the Central Bank of Malaysia, where she was involved in the Financial Sector Assessment Programme under the International Monetary Fund (IMF) and was part of the trade negotiations team, in charge of the financial services chapter of the Malaysia-European Union FTA and the Trans-Pacific Partnership. She also worked on a collaboration with the Malaysian Competition Commission in the implementation of competition law in the financial sector.

Nabila interned at the World Trade Organization (WTO) in Geneva, Switzerland, where she assisted in providing legal advice and support to WTO dispute settlement panels. She also interned at the United Nations (UN) Secretariat in New York, where she worked on cases before the UN Dispute Tribunal and the UN Appeals Tribunal.

In addition, Nabila has represented Malaysia in the Association of Southeast Asian Nations (ASEAN) task force on enhancing its dispute settlement mechanism. She was also a member of the OIC task force on establishing an arbitration centre in Istanbul, Turkey. 

*In England and Wales, providing legal services that are not reserved legal activities under the Legal Services Act 2007.

Achievements

Client Work

  • Zijin Mining, Jin Cheng Mining and Cominiere advance international arbitration disputes before the ICC, [Case - Zijin Mining, Jin Cheng Mining and Cominiere], Advancement of international arbitration disputes related to one of the world’s largest lithium deposits.
  • Thales DIS Canada Inc. disputes procurement decision under the Comprehensive Economic and Trade Agreement and the Canadian Free Trade Agreement, [Case - Thales DIS Canada Inc.], World leading supplier of card security technology and defence contractor disputes procurement decision of the Ontario government
  • Thales Canada Inc. disputes refusal of proposal related to a federal procurement with the Canadian International Trade Tribunal, [Case - Thales Canada Inc.], Leading contractor and systems integrator for defence and security in Canada files complaint, challenging conduct of Public Services and Procurement Canada
  • Panthera Resources PLC retains Fasken in its dispute under the Australia-India Bilateral Investment Treaty, against the Republic of India, [Case - Panthera Resources PLC], Mining company focused on exploration and development of gold projects in India and West Africa disputes under the Australia-India Bilateral Investment Treaty of 26 February 1999 against the Republic of India
  • First ever acquittal issued under Canadian anti-bribery and corruption legislation, [Case - Damodar Arapakota], The court has acquitted Damodar Arapakota, the founder and former CEO of Imex Systems Inc., of a charge under the Corruption of Foreign Public Officials Act.
  • A DIAC arbitration between two construction companies concerning a construction project in the United Arab Emirates, [Case - Confidential Client]
  • A SIAC arbitration between a construction company and a government-related entity concerning an infrastructure project in Central Asia, [Case - Confidential Client]
  • Güneş Tekstil Konfeksiyon Sanayi ve Ticaret Limited Şirketi and others v. Republic of Uzbekistan, [Case - Günes Tekstil Konfeksiyon Sanayi ve Ticaret Limited Sirketi, Vahit Günes, Resat Günes, Fikret Günes, Ibrahim Eksilmez and Yücel Yildiz]
  • An ICC arbitration between a chemical company and a mining company concerning a mining project in Asia, [Case - Confidential Client]

Career & Education

Education

  • LL.M. (Hons.) Columbia University
  • MA University of Oxford
  • BA (Honours), Jurisprudence University of Oxford

Memberships & Affiliations

  • Member International Arbitration Committee of the International Chamber of Commerce in Malaysia
  • Member Ontario Bar Association
  • Member Young Canadian Arbitration Practitioners
  • Member Canadian Bar Association

Knowledge

Events

News

Publications

  • All Malaysia Reports (AMR), 12/31/2014
  • All Malaysia Commercial Reports (AMCR), 12/31/2014
Article All Malaysia Reports (AMR) Westlaw Asia
Article All Malaysia Commercial Reports (AMCR) Westlaw Asia

Speaking Engagements

  • Litigating Trade Remedies Disputes in the UK’s New Regime – Comparisons with the US, Canada and the EU, 6/7/2024
  • Offshore Mining Investments: The Application of Bilateral Investment Treaties and Political Risk Insurance Policies, 4/21/2023
  • Judicial Review of Trade Agreement Violations: A Case Study, 4/18/2023
Speaker Litigating Trade Remedies Disputes in the UK’s New Regime – Comparisons with the US, Canada and the EU London International Disputes Week (LIDW) 2024 location location London, United Kingdom
Moderator Offshore Mining Investments: The Application of Bilateral Investment Treaties and Political Risk Insurance Policies International Mining and Energy Law, Development, and Investment Conference 2023 organized by The Foundation for Natural Resources and Energy Law (FNREL) (formerly the Rocky Mountain Mineral Law Foundation) in cooperation with the International Bar Association Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL).
Speaker Judicial Review of Trade Agreement Violations: A Case Study The Osgoode Certificate in Public Procurement Law: The Rules in Practice

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