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http://www.skrine.com/

 

Firm Profile

 

Overview

 

This Practice Group provides a full range of legal services from advisory and consultancy services at the pre-construction stages, the drafting, vetting and negotiating of construction and construction related contracts, contract administration to the resolution of disputes through litigation, arbitration and other alternative dispute resolution processes.

 

Amongst the major projects SKRINE has been involved in as Counsel are as follows:

 

  • The Lumut Naval Dockyard,
  • Pasir Gudang Power Station,
  • The Kapar Power Station,
  • Dayabumi,
  • Malayan Banking Headquarters,
  • Bank Bumiputra headquarters On-Tai Building,
  • Petronas Tower 1,
  • Regent Hotel,
  • Istana Hotel,
  • PJ Hilton,
  • Crown Prince Hotel Penang,
  • Johor Port,
  • Penang Port,
  • MLNG Dua and MLNG Tiga Plant at Bintulu,
  • Mandarin Oriental Hotel,
  • Langkawi Water Supply Project,
  • Penang Swimming Club,
  • Plaza Rakyat,
  • Wisma Rohas Perkasa,
  • Park Inn Hotel.

 

Team members have been retained as arbitrators, consultants and counsel on arbitrations which are both ad hoc and under the auspices of leading global arbitral organisations and institutions including the following:

 

  • The International Court of Arbitration of the ICC
  • The London Court of International Arbitration
  • The Hong Kong International Arbitration Centre
  • The Singapore International Arbitration Centre
  • The Kuala Lumpur Regional Centre for Arbitration

 

Several members of the practice group have been selected to various working groups and committees to draft and revise international arbitration rules and guidelines such as the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL), the KLRCA Rules and the ICC Rules of Arbitration. Additionally, our team members have been recipients of special appointments and serve as office bearers on the world’s leading arbitral organisations and institutions. We have therefore built lasting relationships with these institutions and other valued stakeholders within the international arbitration community. This combined with our membership of international alliances and networks, Lex Mundi and the Pacific Rim Advisory Council, allow us access to the resources and best practices of international arbitration teams in leading firms regionally and internationally.

 

Experience:

 

Construction & Engineering

 

  • Drafting and reviewing the Heads of Agreement for the construction of a hotel and residential project.
  • Drafting and reviewing the architectural services contract, engineering services contract and quantity surveyor services contract for the construction of a hospital and healthcare facility
  • Drafting, reviewing, and amending the FIDIC Client/Consultant Model Services Agreement (2006) for the construction of a hospital and healthcare facility
  • Drafting, reviewing and advising the agreement for a foreign company relating to the construction of a mass rapid transit system.
  • Drafted an engineering services contract for a seawater desalination plant, sewage treatment plant, water reclamation plant and industrial wastewater treatment plant in Saudi Arabia.
  • Reviewed and amended the project management consultancy services agreement for the construction of a 31 storey office development.
  • Drafted an architectural consultancy services agreement for a project which involves the construction of a factory with a 3 storey office.
  • Reviewed amendments to the PAM Standard Agreement and Conditions of Building Contract (with quantities) 1998 for an international serviced residence owner-operator for the purpose of interior design fitting out services.
  • Drafted amendments to the PAM Standard Agreement and Conditions of Building Contract (without quantities) 1998 for the construction of a factory with a 3 storey office.
  • Drafted amendments to the JKR standard form of a design and build contract (rev 2007) for the construction of a manufacturing facility.
  • Drafted an agreement for the supply, delivery, installation, testing, commissioning and training of an air conditioning system for a cleanroom at a research and development laboratory.
  • Drafted an agreement for the design, construction and commissioning of a clean room for a research and development laboratory.
  • Drafted an agreement for the supply, delivery, installation, testing, and commissioning and support services for a type of software for a telecommunications company.
  • Drafted an agreement for the design, supply, construction and completion of the architectural, mechanical and electrical, landscape, civil and structural, land survey, building, sewerage and such other works in relation to a mixed development comprising inter alia retail shops, budget hotel, techno centre, college and service apartments.
  • Drafted an agreement for the design, supply, construction and completion of a fatty acid plant.
  • Drafted an agreement for the design, supply, construction and completion of a methyl ester plant.
  • Acted on the Sultan Abdul Aziz 2x500MW gas & coal-fired thermal power station Project in Kapar where the team advised the employer in respect of claims of MYR 500m in respect of payment for additional costs and corresponding extensions of time brought about by delay and disruption to the con-struction of the works made by the sub-contractors and engineers:

 

1. This included advising the Owner as to claims arising under the follow ing contract packages for a 2 x 500 MW coal-fired power station:

 

    • Engineering Works
    • Onshore Piling Works
    • Offshore Marine Works
    • Major Civil Works
    • Minor Civil Works
    • Steam Generators
    • Turbines

 

2. Services entailed carrying out details reviews of claims for EOT/ Prolongation costs presented by all contractors, together with resisting an injunction sought in relation to a call on the Performance Bond under one con tract package.

 

  • Acted on a Power Project in which we advised the electro-mechanical works contractor on the feasibility and legality of major claims presented by them for losses incurred as a result of increased costs of raw materials, delayed payments and the unilateral changes made by the employer on the currency of payment.
  • Drafted a Supplemental Construction Contract for the construction of a factory in Sg. Buloh, Selangor after the termination of the Contract, with a view to continuing with and complete the works.
  • Drafted of an agreement to resolve the disputes between the joint venture partners and the employer concerning the design, construction and completion of a luxury project in Seychelles.
  • Acted in a dispute concerning the design, construction and completion of a free zone port involving a claim of more than RM1bn.
  • Acted on a Power Project in which we advised the electro-mechanical works contractor on the feasibility and legality of major claims presented by them for losses incurred as a result of increased costs of raw materials, delayed payments and the unilateral changes made by the employer on the currency of payment.
  • Drafted a Supplemental Construction Contract for the construction of a factory in Sg. Buloh, Selangor after the termination of the Contract, with a view to continuing with and complete the works.
  • Drafted of an agreement to resolve the disputes between the joint venture partners and the employer concerning the design, construction and completion of a luxury project in Seychelles.
  • Acted in a dispute concerning the design, construction and completion of a free zone port involving a claim of more than MYR 1bn.

 

Arbitration (International & Domestic)

 

  • Acted for a major Government-Linked Company who was the employer in arbitration proceedings in a dispute against the main contractor concerning the construction of civil and cable works involving more than 220 contracts with an amount in dispute of more than MYR 100m.
  • Acted for a foreign client who is the main contractor in an ICC Arbitration with the seat of arbitration in Singapore in a dispute concerning the design and construction of a manufacturing facility in India with English law being the governing law of the contract.
  • Acting for a foreign client in an ICC Arbitration with seat of arbitration in Singa-pore involving disputes arising from shareholders and settlement agreements.
  • Advising and acting for a foreign client in a crude oil supply dispute in an ad hoc arbitration with seat of arbitration in London and the governing law of the contract being English law.
  • Acted for the main contractor in arbitration proceedings in a dispute concerning the manufacturing and supply of concrete pre-cast elements for a major government housing project with an amount in dispute of more than MYR 33m.
  • Acted for the main contractor in arbitration proceedings in a dispute concerning the construction of a major government building project with an amount in dispute of more than MYR 440m.
  • Acted for a foreign client who is the main contractor in an UNCITRAL arbitration in a dispute concerning a major mixed commercial development project in Kuala Lumpur with an amount in dispute of more than MYR 950m.
  • Acted for the main contractor in arbitration proceedings in a dispute concerning the construction of a water treatment plant in East Malaysia based on a modified Public Works Department (PWD) contract with an amount in dispute of more than MYR 18n.
  • Acted for the employer in arbitration proceedings in a dispute concerning land reclamation works adopting the FIDIC Conditions of Contract with modifications/amendments with an amount in dispute of more than RM90m.
  • Represented the employer against the main contractor in a luxury condominium project in the heart of the KLCC area with an amount in dispute of more than MYR 12m.
  • Acted for the main contractor in arbitration proceedings in a dispute concerning a Coal Fired Power Plant project in Malaysia with an amount in dispute of more than MYR 12m.
  • Acted for the main contractor in arbitration proceedings in a dispute concerning a development project in Kuala Lumpur with an amount in dispute of more than MYR 10m.
  • Represented the main contractor in relation to disputes with the sub contractor and the employer of a project owned by a company related to the Brunei Royal family with an amount in dispute with the sub contractor of more than MYR 20m.
  • Acted as co-counsel for the developer in arbitration proceedings involving in a dispute concerning the construction of road works for a housing development.
  • Acted as co-counsel for the joint-venture developer in an arbitration proceeding in a dispute concerning the construction of earthworks for a luxury condominium development in Penang with an amount in dispute of more than MYR 25m.
  • Acted in arbitration proceeding in a dispute arising from a contract for supply and delivery of approximately 35,000 m of line pipes for a water supply project Langkawi with an amount in dispute of about MYR 10m.
  • Acted for a major public listed Thai company and its subsidiary in an ICC Arbitration with seat of arbitration in Singapore involving disputes arising from shareholders and settlement agreements.
  • Acted for a subcontractor against the main contractor in an ad hoc arbitration concerning the roofing works of the Prime Minister’s Office and Prime Minister’s Residence, Putrajaya. The claim was settled before final Hearing.
  • Acted for a subcontractor against the main contractor in a KLRCA arbitration concerning the design, construction and completion of Dewan Bahasa and Pustaka.
  • Acted for a subcontractor against public authority in a KLRCA arbitration concerning a turnkey contract for the supply, delivery, installation, testing and commissioning, furniture procurement, IT system establishment and training for Malaysian Institute of Chemical Engineering Technology with an amount in dispute of more than 27 million.

 

Awards And Accolades

 

“They have been very practical in their advice, strategically minded and able to map out the strategic directions we had to take in the various cases.”

Chambers Asia-Pacific 2014

 

“The advice was good and quite prompt and, as a big firm, they have the resources.”
Chambers Asia-Pacific 2013

 

“Traditionally a big firm in litigation; they’ve always been strong in this area.”
Chambers Asia-Pacific 2012

 

 

“Skrine is a large firm. It has the resources, whether it’s a corporate affair or litigation, to handle everything that is thrown at it,” says one satisfied client. The firm retains its top tier rankings this year amid a shower of praise from peers and clients, with a rival noting: “The firm’s dispute resolution practice offers a cutting edge to its construction and real estate work, especially in arbitration matters.”
AsiaLaw Profiles 2012

 

Skrine fields a deep team of real estate and construction partners, which handles a wide range of transactional and contentious matters.
Asia Pacific Legal 500 2012

 

Notable Practitioners

 

Ivan Loo Yew Fook 

Ashok Kumar Mahadev Ranai

Lam Wai Loon

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