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Arbitration (International & Domestic)

 

Introduction

The firm regularly acts for clients in all aspects of construction and engineering work, including litigation and arbitration involving disputes ranging from small claims to billion dollar actions. Recent notable cases include a billion dollar claim for construction of a pulp and paper mill with a Singapore seat under SIAC rules, and a multi-million dollar road construction claim in Delhi. The firm also advises on issues arising from the design and construction of major port and airport in Malaysia. As adjudication is making in-roads into the Malaysian construction scene, the firm is also equipped with the expertise to advise and to act for clients in adjudication matters.

We are well-versed in all aspects of international & domestic arbitration, including:

  • Construction and Engineering
  • Adjudication
  • Oil and Gas
  • Insurance, Shipping & Aviation
  • Joint Ventures
  • Commercial Disputes

 

Oil and gas is a fast growing area for arbitration disputes in South East Asia. This is a natural consequence of the active oil and gas sectors in many regional economies. The firm is a market leader in oil and gas practice for dispute resolution. Consonant with the international character of oil and gas contracts we have acted in disputes not only in Malaysia, but also overseas. Some recent international work with successful outcomes for our clients include a USD100 million claim on an EPC contract for an offshore oil and gas platform with an LCIA arbitration in London, a claim involving fabrication of an export gas compressor with a Geneva seat under ICC rules, and a claim on an international production sharing contract with a Singapore seat under SIAC rules.

 

Recent notable cases include a billion dollar claim for construction of a pulp and paper mill with a Singapore seat under SIAC rules, and a multi-million dollar road construction claim in Delhi

Our Clients

Most insurance policies contain an arbitration clause. Disputes arising from major insurance claims are frequently resolved by way of arbitration. The firm represents the main players in the insurance industry in arbitration proceedings arising from such disputes. Shipping or maritime arbitration is also gaining popularity in the region, in particular with the July 2011 amendment to the Arbitration Act 2005 which made specific reference to admiralty proceedings.

Joint ventures and commercial disputes are amongst other areas of dispute where parties have opted to resolve their disputes through arbitration proceedings. The firm has also acted in an arbitration proceeding involving joint ventures between local and foreign parties with a Singapore seat under ICC rules.

Several of the partners of the firm are also listed in the panel of arbitrators for various arbitral institutions.

Apart from pre-award proceedings, the firm also acts for various multi-national clients including some foreign governments in respect of post-award challenges and enforcements.

Accolades

“Shook Lin & Bok has a long established reputation for representing  clients in both domestic and international arbiration. “The team is responsive, meets deadlines and provides invaluable advice.” says one client. “We obtain a good level of service from the firm. They handle our case proactively and their response time is very satisfactory.” adds another client.” – Asialaw Profiles (2017)

“Shook Lin & Bok’s team ‘inspires confidence by giving practical, well-researched advice’. Yoong Sin Min heads the banking and finance litigation  department, and acts for Ernst & Young, Public Bank and Maybank, as well as representing Affin Bank in an appeal before the Federal Court. Nagarajah Muttiah is responsible for general and civil litigation, insurance and shipping, and arbitration, and acted for a leading Malaysian insurer in a dispute with an international reinsurer. Steven Thiruneelakandan and Lam Ko Luen are highly recommended.” – Legal500 Asia-Pacific (2017)

“Maintains a strong reputation in the market, especially for handling disputes in the banking, finance and insurance spaces, frequently instructed by leading financial institutions. Also handles cases relating to land law, shipping and defamation, and regularly mandated for both litigation and arbitration cases.”  – Chambers Asia-Pacific (2017)

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