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Lam Ko Luen

 

Head of Arbitration (International & Domestic)
Head of Building, Construction & Engineering
Head of Insurance
FCIArb, FMIArb.
B.Comm. LL.B.(Monash University, Australia)
Advocate & Solicitor, Malaya
Advocate, Sarawak

Practice Areas

International & Domestic Arbitration, Building and Construction Contract Disputes, Adjudication under the Construction Industry Payment & Adjudication Act 2012, Land Reference matters, Insurance matters, Civil & Corporate Litigation.

Publications

  • “Arbitration Reform in Malaysia: Adopting the Model Law” in the textbook “The Developing World of Arbitration – A Comparative Study of Arbitration Reform in the Asia Pacific” by Hart Publishing (2018).
  • “The Anti-Suit Injunction” in Law and Practice of Injunctions in Malaysia by Sweet & Maxwell (2020).
  • Malaysia chapter of CDR “Essential Intelligence: The Belt and Road Initiative”, published by Global Legal Group, London (2021).
  • “Design and Supervision Obligations in Construction” in Law and Practice of Construction Law in Malaysia by Sweet & Maxwell (2021).
  • “Malaysian chapter on Construction Law”, part of the Chambers Global Practice Guides published by Chambers and Partners (2022).

Contact

Telephone Extension Number – 243
Email: [email protected]
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Overview

Ko Luen was called to the Malayan Bar in 1996 and to the Sarawak Bar in 2001. He heads the firm’s Arbitration (International & Domestic), Building, Construction & Engineering and Insurance departments.

Ko Luen specializes in the areas of arbitration, building, construction and engineering disputes, civil and corporate litigation, insurance and land reference matters. He appears as counsel in court, arbitration and adjudication hearings. Ko Luen also sits as an arbitrator in arbitration proceedings and an adjudicator in adjudication proceedings.

His work experience includes:

  • Advisory, drafting and assisting in negotiations, representing clients (local and multinationals) in court and in domestic and international arbitration proceedings.
  • Advising clients on matters relating to EPCC and REPPA in Malaysia, issues arising out of design and construction of bridges, shipbuilding contracts in China, construction of oil and gas platforms in Malaysia, design and construction of ports in Malaysia, major hydro-electric projects in Sarawak, , construction of major highway in Sarawak, construction work related to the Kuala Lumpur International Airport (KLIA), major projects undertaken in Singapore and Johor relating to construction contracts involving rehabilitation, refurbishment, design, fabrication, shipment, erection, testing, engineering, procurement and construction of terminal export facilities of a butadiene extraction plant, the design and construction of a major water treatment plant in Johor, matters relating to the manufacturer and supply of Electric Train Sets (ETS), contracts relating to major tunnelling works and a major joint venture involving over 11,000 hectares of land in Sabah.
  • Providing legal representation to foreign governments including the Government of Singapore, the Government of India and the Government of Laos in proceedings in Malaysia.
  • Arbitration proceedings under various institutional rules including the AIAC (formerly known as KLRCA) Rules, the SIAC Rules, the UNCITRAL Rules, the PAM Rules and the ICC Rules of Arbitration.
  • Adjudication proceedings under the Construction Industry Payment and Adjudication Act (CIPAA).

Professional Membership and Affiliations

  • Past President, The Malaysian Institute of Arbitrators (MIArb)
  • Fellow, Chartered Institute of Arbitrators [UK]
  • Fellow, The Malaysian Institute of Arbitrators
  • Member, Malaysian Bar
  • Member of Panel of Arbitrators, Asian International Arbitration Centre (AIAC)
  • Member of Panel of Arbitrators, Borneo International Centre for Arbitration and Mediation (BICAM)
  • Member of Panel of Arbitrators, Hainan International Arbitration Court (HIAC)
  • Member of List of Arbitrators, Hong Kong International Arbitration Centre (HKIAC)
  • Member of Panel of International Arbitrators, Korean Commercial Arbitration Board (KCAB) International
  • Member of Panel of Arbitrators, The Malaysian Institute of Arbitrators (MIArb)
  • Member of Panel of Arbitrators, South China International Economic and Trade Arbitration Commission (also known as Shenzhen Court of International Arbitration) (SCIA)
  • Member of Panel of Arbitrators, South China International Arbitration Center (HK) (SCIAHK)
  • Member of Panel of Arbitrators, Thailand Arbitration Centre (THAC)
  • Member of Panel of Adjudicators, Asian International Arbitration Centre (AIAC) (formerly known as Kuala Lumpur Regional Centre for Arbitration)
  • Member, ICC Malaysia Arbitration Working Committee
  • Member, Inter-Pacific Bar Association (IPBA)

Recognition in external publications

Lam Ko Luen is known for acting on construction disputes, as well as commercial cases. He handles a range of litigation, arbitration and adjudication cases in Malaysia. Clients report: “He has local knowledge and understands our queries.Chambers & Partners (Asia-Pacific) 2024.

Ko Luen has been named as one of the ‘10 Top Influential Construction Dispute Resolution Lawyers in Malaysia for 2023’ – Business Today Lawyer Awards 2023 (July 20, 2023).

Ko Luen was rated as a ‘Litigation Star’ in the practice area of Construction in 2023, 2022 and 2021. He was similarly rated in the practice areas of Construction, Dispute Resolution, International Arbitration and Commercial & Transactions in 2020 and as a ‘Dispute Resolution Star’ and a ‘Disputes Star’ in 2019 and 2018 respectively – Benchmark Litigation Asia-Pacific.

Ko Luen demonstrates excellent team leadership and management, supported by a very capable, responsive, friendly and competent legal team. He is a sterling counsel with smart strategies, expertise and profound knowledge of the disputes he has handled for our company. It has been my pleasure and privilege to work with such a highly competent lawyer who also possesses very pleasant and friendly attributes.” – Asialaw 2023 Client Feedback.

He is very knowledgeable, highly competent and professional. He provides good advice, strategies and is highly responsive, friendly and pleasant to work with.” – Asialaw 2023 Client Feedback.

He has been described, amongst others, as “a resourceful, innovative, hands-on and experienced lawyer who is client-orientated” and “a very good listener and explains all very clearly to us.” – Asialaw 2020 Client Feedback.

Lam Ko Luen continues to earn recognition from sources for his construction and engineering expertise, especially handling adjudication and arbitration cases. Clients report: “He is very diligent in ensuring our interests are fully protected.” He also handles general disputes, including in the insurance sector.” – Chambers & Partners Asia-Pacific 2019.

Lam Ko Luen, who heads the contentious projects team alongside Hoh Kiat Ching, ‘takes every instruction seriously and delivers prompt follow-ups’” – The Legal 500 2019.

Lam Ko Luen is a growing force in the market, with sources describing him as ‘a hard-working construction lawyer who is liked by many clients.’ Active on construction contract and general disputes, he handles both litigation and arbitration proceedings. Further commentators commend his ‘very tenacious’ approach.” – Chambers Asia-Pacific 2018.

Efficient and professional” with “good cross examination skills” – Asialaw Profiles 2018.

Leading Lawyers in Energy and Infrastructure, Disputes – IFLR1000 2017 & 2016 Editions.

Lam Ko Luen is a construction disputes expert who makes an important contribution to the firm’s offering in this area.”Chambers (Asia-Pacific) 2013.

Lam Ko Luen is the firm’s construction expert and is a hugely respected figure in the field” – Chambers Asia 2012.

Excellent service and clear vision of what is truly best for the client.” – Chambers Asia 2011.

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