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The COVID-19 pandemic has severely impacted the construction sector in Malaysia, spawning multiple disputes that affect various stakeholders in the industry and the economy as a whole, such as main contractors, sub-contractors, suppliers, developers, end buyers, bankers and professional service providers.
With the extension of the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 (“Temporary Measures Act”), which is due to expire on 31 Dec 2021, disputes are anticipated to spiral and descend into destructive self-preservation and exploitative extraction of benefits, in an adversarial “everyone for themselves” litigation and arbitration frenzy. Considering that the COVID-19 pandemic and its severity are beyond the control of parties and governments, there is a need to reassess and reallocate the losses and responsibilities that existing contracts have inadequately provided for. The severity of cash flow deficiencies among construction industry players and the shortage of foreign workers amplify the woes of the industry.
Organised by the Malaysian Mediation Centre, this webinar will address these issues in the construction industry and explore possible solutions including contract renegotiations, reallocation of losses and responsibilities, the role of facilitative contract negotiations and mediation and, in the event of business failures, the role of insolvency mediators. On the upside, multi-party cooperation (with the aid of facilitative contract negotiators and mediators) in resolving disputes in the construction industry holds much potential to stimulate Malaysia’s post-pandemic recovery, job creation, and the sector’s transformation towards sustainability and digitalisation.
The topics that will be discussed are as follows:
- Resolving Conflicts and Rebalancing Stakeholder Interests in the Malaysian Construction Industry;
- Facilitative Contract Negotiations and Other Alternative Dispute Resolution (“ADR”) Solutions; and
- Insolvency Mediation for the Construction Industry.