Arbitration Issues In the Malaysian Construction Industry

Arbitration Issues

On 14th October 2019, our Construction Law Partner, Mr. Nadesh Ganabaskaran conducted a seminar on Arbitration Issues in the Malaysian Construction Industry to an audience in excess of 400 construction professionals i.e. Quantity Surveyors, Architects, Engineers, Consultants, Arbitrators. The seminar was jointly organized by the Board of Quantity Surveyors Malaysia (BQSM), & Public Works Department (PWD) for its members.

He addressed the attendees on the fundamentals and application of the principles of arbitration in the construction industry, the practice and procedure under the Arbitration Act 2005 (Amended 2011 and 2018) and Asian International Arbitration Centre Arbitration Rules.

It was an interactive seminar, where  attendees had the opportunity to ask and make the most out of seminar during the question and answer session. The attendees also shared their arbitration experience  related to the construction industry in Malaysia, which benefitted those who were new to this area of dispute resolution. The topics discussed were amongst others:-

  • The Arbitration Act 2005
  • Party Autonomy v Court Intervention
  • Arbitrators / Appointment
  • Arbitration Procedure and Proceedings
  • The Arbitral Award
  • Challenging the Award
  • Enforcing the Award
At the end of each session, a list of questions was given to the attendees to refresh their minds on the topics discussed. On a more practical basis, a mock arbitration proceeding was conducted at the end of the session based on a real case study for them to apply the principles of arbitration and the relevant sections of the Arbitration Act 2005. This session was particularly appreciated and well received by the attendees as they were allowed to gain practical knowledge on arbitration issues related to the construction industry.
For further enquires Nadesh is contactable via email or via telephone at 03-27250958.
[1] Nadesh heads the Building & Construction Dispute Resolution, Litigation and Arbitration Department at Messrs Malek, Paulian & Gan. Nadesh is a Certified Adjudicator registered with the Asian International Arbitration Centre (‘AIAC’). Nadesh also appears as Counsel representing parties at all levels of the court system on various construction related dispute.