Construction & Building Arbitration

This practice is involved in dispute resolution outside, and distinct from, court proceedings by way of arbitration and mediation. In this regard, we play an essential and integral role in advising clients on all necessary aspects including the identification and crystallization of the points of dispute, the formulation of appropriate strategies, the appointment of arbitrators/mediators and also representing clients at the appropriate hearings and/or settlement negotiations.

The lawyers in this practice are experienced in all aspects of arbitration commencing from the onset of the dispute to the determination of the same. We have been involved in arbitration proceedings under the auspices of PAM (Persatuan Akitek Malaysia), KLRCA (Kuala Lumpur Regional Centre for Arbitration) and IEM (Institute of Engineers, Malaysia) and we represent employers, contractors and sub-contractors in construction disputes and are able to also assist in mediation or conciliatory efforts in the course of such disputes.

Typically, the work in this practice includes applications to the civil courts pertaining to the arbitration, which include stay and injunction applications pending reference to arbitration, disqualification and removal of arbitrators and judicial review of awards by arbitrators and references to the High Court on points of law. We have also handled matters pertaining to the enforcement of building contract performance guaranties/bonds which includes rendering advice as well as seeking injunctive relief against the enforcement of the same.

Additionally, this practice is involved in the negotiation and drafting of building construction contracts and rendering advice in relation thereto.