The Bar Council Construction Law Committee is organising this one-day seminar, which will include a comprehensive review of some of the more practical aspects of construction law, including the much-talked about Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”). It will focus on particular topics of interest and, after setting out general principles, will seek to answer some of the more common questions and problems arising hence. An overview of these topics and some of the questions and problems are provided below. Attendees are encouraged to participate with their own questions, which will be answered throughout the seminar.
Date: 24 May 2023, Wednesday
Time: 9.30am – 5.00pm
Venue: Raja Aziz Addruse Auditorium, Level 2, Wisma Badan Peguam Malaysia, 2 Leboh Pasar Besar, 50050 Kuala Lumpur
T Kuhendran is the head of the construction dispute resolution practice group at Zul Rafique & Partners. He holds a Bachelor of Laws (Hons) degree from the University of Leicester, United Kingdom. He is a Solicitor of the Supreme Court of England & Wales and was admitted as an advocate and solicitor to the High Court of Malaya in 1992. He is also a fellow of the Chartered Institute of Arbitrators (“FCIArb”), Chairman of the Bar Council Committee on Construction Law, arbitrator, adjudicator, and mediator of the Asian International Arbitration Centre (“AIAC”).
With experience that spans almost three decades, Kuhendran is principally involved in dispute resolution, particularly in construction and engineering-related disputes. Apart from his experience in dispute resolution, he has also advised on different aspects of construction and engineering law. In addition, he has drafted and vetted various construction and engineering-related contracts.
Besides being active in the field for alternative dispute resolution matter as mediator and arbitrator, Kuhendran has also appeared at all levels of the Malaysian Courts, from the High Court to the Federal Court.
Kuhendran has also been recognised as a “Recommended Lawyer” in 2023 by Legal 500 Asia Pacific and in “Band 3 for Dispute Resolution – Construction” by Chambers Asia Pacific in 2023.
Darshendev’s primary area of practice is commercial dispute resolution with a focus on complex disputes relating to construction, engineering, oil and gas, and infrastructure projects. Besides regularly sitting as an arbitrator and an adjudicator, Darshendev also represents clients in international and domestic arbitration, litigation, mediation, and adjudication.
A former chairperson of the Young Members Group of the Chartered Institute of Arbitrators (“CIArb”) (Malaysia), Darshendev is a frequent speaker in international circuits and contributes to global publications on the arbitration and constructions law landscape.
Andrew Heng Yeng Hoe
Andrew is a senior partner at Zain Megat & Murad and leads its construction and energy team. He provides both litigation and advisory services to clients in the construction, infrastructure, renewable energy, environmental, banking and insurance, property development as well as manufacturing industries.
Andrew represents clients across a spectrum of construction disputes in arbitrations, adjudications and in the courts, including applications pursuant to the Arbitration Act 2005 and CIPAA 2012, restraining demands on performance bonds and construction-related tortious claims (professional negligence, occupiers’ liability, nuisance and trespass). Andrew also represents Investigating Committees in Disciplinary Proceedings conducted by statutory bodies that govern construction professionals.
Andrew’s experience includes handling disputes arising from construction of airport, highway, rails infrastructure, waste to energy plant, large scale solar plant, solid waste treatment plant, waste water treatment plant and electrical transmission towers. Andrew also advised both international and local clients on compliance of regulatory requirements by the Construction Industry Development Board (Malaysia).
Andrew is also an accredited adjudicator and mediator empanelled with the AIAC.
Janice is a partner in Wong & Partners (member firm of Baker & McKenzie International) and heads the construction and engineering disputes team in Malaysia.
Apart from being a litigator, she is a qualified arbitrator, adjudicator and mediator. Janice is recognised by The Legal 500’s “Arbitration Powerlist - South East Asia region”, and is part of the International Chamber of Commerce (“ICC”) Malaysia Delegation to ICC Commission on Arbitration & ADR (2022- 2024). She has advised and represented clients in arbitrations relating to projects in Malaysia, Singapore, Thailand, India, Hong Kong, Saudi, Sudan, Vietnam, and Indonesia.
Janice was the President of the Society of Construction Law and currently sits in committees of the Bar Council Arbitration & Construction Committee and the Young Members Group of CIArb (Malaysia), amongst others. She also tutors in her spare time and is passionate about diversity.
Nadesh read law at the University of West of England and was admitted as a Barrister-at- Law of Middle Temple. Nadesh returned to Malaysia and began his legal career in the building and construction dispute resolution, litigation and arbitration field. Prior to joining Malek, Gan & Partners as a partner, Nadesh completed his MSc in Construction Law and Alternate Dispute Resolution at King’s College, London.
Nadesh’s areas of experience include building and construction advisory; construction dispute resolution and litigation; construction arbitration; and commercial arbitration and adjudication.
Choon Hon Leng
Hon Leng has been practising in the area of construction law since he commenced practice 20 years ago. He has advised various figures in the construction industry, including employers, main contractors, subcontractors and consultants in projects of various sizes and types. His experience includes tender preparation, pre-contract negotiation, contract documentation, project management, project advice, post-dispute negotiation and formal dispute resolution. He has acted as project lead for various infrastructure projects, especially urban railway projects, in Malaysia. On the dispute resolution front, he has also represented clients as counsel in more than 30 arbitrations, most of which are centred on construction disputes. He also has experience in representing clients in China International Economic and Trade Arbitration Centre (“CIETAC”) where he conducted the entire proceedings in Mandarin. He is the immediate past Chairman of CIArb (Malaysia).
Over the years, Hon Leng has been invited as speaker and presented papers at various construction and arbitration related conferences. Other than construction, he also has substantial experience in servicing clients from other industries such as telecommunications, pharmaceutical, manufacturing and information technology. In recent years, he has regularly received recognitions from major publications including Asia Pacific Legal 500, Chambers and Partners, asialaw and Benchmark Litigation in the areas of construction and dispute resolution.
Deepak practises in the field of civil and commercial dispute resolution with a primary focus in construction and engineering disputes. His experience in this area includes advisory and drafting services for all stages of the project life cycle and formal dispute resolution (whether through litigation, international and domestic arbitration, contractual adjudication or statutory adjudication under the CIPAA).
In addition to his experience as counsel, he is also a qualified adjudicator with AIAC, and frequently sits as an adjudicator in CIPAA disputes. Deepak is also a member of the Bar Council Arbitration and Construction Law Committee.
Terms and Conditions
Places are limited and registration is on a first-come, first-served basis.
For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.
For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.
Cancellations must be made in writing.
If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.
Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:
- Full refunds will be issued if the event is cancelled or postponed by the organiser due to some circumstances.
- No refunds for this course. However substitution is allowed.
The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.
You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.
CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.
The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.
- Materials will be emailed only. No printed notes will be provided.
- No recording of the event is permitted via any means at any time.
- No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).