[PDF] Janice Tay Centre's (AIAC previously known

View - Download Janice Tay

Previous PDF

Next PDF

Wong & Partners is a member of Baker & McKenzie International, a Swiss Verein.

Janice Tay

Partner

Kuala Lumpur, Malaysia

+603 2298 7838
janice.tay@wongpartners.com

FCIArb, FMIArb, FAIADR

Practice focus

Janice is a partner in the Dispute Resolution Practice Group at Wong & Partners (member firm of Baker & McKenzie International) and her expertise lies in Construction and Engineering. She regularly advises and assists international and local clients on construction law in Malaysia, and her portfolio includes litigation and appearances in all levels of the courts. She has served as a foreign counsel in Singapore with Baker McKenzie's Wong & Leow. Janice is an Arbitrator, Adjudicator and Mediator. She is a Fellow of the Chartered Institute of Arbitrators (Malaysia) (CIArb), Malaysian Institute of Arbitrators (MIArb), and the Asian Institute of Alternative Dispute Resolution (AIADR). She is a qualified Adjudicator for adjudication disputes under CIPAA. She is on the Asian International Arbitration Centre's (AIAC, previously known as KLRCA) panel of arbitrators, adjudicators and mediators and on MIArb Panel of Arbitrators, SIAC

Reserved Panel of Arbitrators.

Janice was the President of the Society of Construction Law (Malaysia) and is a Committee Member of the Malaysian bar Construction Law Committee, the Malaysian Bar Arbitration Committee, the Chartered Institute of Arbitrators (Malaysia) Young Practice Group (CIArb YMG) and Women in Construction Industry (WIBM). She contributed to published by the Society of Construction Law (Malaysia) and remains a member of the Drafting Committee. Janice is commended by clients to be "very clear about probable outcomes on cases and our concerns", Asialaw Profiles. She is acknowledged as a "Future Star" for dispute resolution (Commercial Transactions and Construction and International Arbitration) by Benchmark Litigation Asia Pacific and nominated as a "Rising Star" in litigation by the Euromoney Asia Woman in Business Law Awards, 2020.

Global areas of practice

Construction & Engineering

Commercial Disputes

Dispute Resolution

Court Litigation

Arbitration

Adjudication

Mediation

Languages

English

Bahasa Malaysia

Mandarin (conversational)

Wong & Partners

Level 21, The Gardens South Tower

Mid Valley City, Lingkaran Syed Putra

Kuala Lumpur 59200

Malaysia

Wong & Partners is a member of Baker & McKenzie International, a Swiss Verein. 2

Representative clients, cases or matters

Selected Adjudication/ Adjudicator experience

Adjudicator / Counsel in multiple several adjudication disputes involving construction contracts pertaining to retention sums, variation claims, loss and expense, defective claims and delay damages under Malaysia's Construction Industry Payment and

Adjudication Act 2012 (CIPAA).

Experienced in adjudication disputes under Singapore's Building and Construction Industry Security of Payment Act (SOPA). Successfully represented an oil and gas company in making a claim for variation orders and demobilization costs pursuant to an agreement to lease mobile offshore production units, and obtained one of the largest sum awarded in adjudication proceedings in the region of USD 255 million. Successfully obtained an adjudication decision for the sum of RM

8,931,278.24 in favour of a subcontractor against the main

contractor in relation to the Pengerang Gas pipeline Project, and defending claims for the sum of RM2,436,513.57. Defended an oil and gas company in a dispute in the region of USD

19 million. This is a factually and legally complex case involving

technical aspects of leasing, operation and maintenance and demobilisations of platforms and arguments surrounding the scope of CIPAA (whether it applies to ships), what amounts to a construction contract and liquidated ascertained damages. Represented a main contractor against the subcontractor for 3 projects and presented novel arguments pertaining to the role of AIAC in administering adjudication proceedings, consolidation and appointment of adjudicator issues. Defended a contractor in a dispute with its subcontractor in relation to the construction of site to accommodate cargo screening machines for the Royal Customs of Malaysia. Defended a foreign client in relation to disputes pertaining to rationalisation of rates, work done, variation orders, self termination issues, acceleration costs and retention sums. Represented a foreign client in adjudication proceedings surrounding issues relating to extension of time, liquidated ascertained damages, variation orders, work done and loss and expense claims. Wong & Partners is a member of Baker & McKenzie International, a Swiss Verein. 3 Successfully obtained an adjudication decision in favour of a consulting engineer for outstanding consultancy fees in the region of RM 13 million. The dispute involved the interpretation of the JKR

1998 Consultancy Standard Form Contract and is connected to the

Pan Borneo Highway project.

Successfully obtained an adjudication decision in relation to outstanding architectural consultancy fees for the non-payment of interim claims.

Selected Arbitration experience

Arbitrator for a construction dispute pertaining to a construction project of 3 levels shopping outlet and 8 levels basement carparks under AIAC Arbitration Rules. Arbitrator for a construction dispute pertaining to a construction of a cable car station and electric generating substation in Malaysia under AIAC Arbitration Rules. Arbitrator for a construction dispute pertaining to the supply and delivery of the GFRC Panel for a condominium in Singapore. Arbitrator for a construction dispute pertaining to the supply and delivery of precast façade and parapet wall for a technology development park in Singapore. Arbitrator for a construction dispute pertaining to supply and delivery of precast façade and parapet wall for a business park building in

Singapore.

Arbitrator for a construction dispute pertaining to the supply and delivery of precast components for a deep water ocean basin with workshop and research building in Singapore. Advised and represented clients (international and domestic) in both international and domestic arbitrations conducted in accordance with the ICC, PAM, AIAC, SIAC, HKIAC and IEM rules of arbitration and in ad hoc arbitrations, relating to projects in Malaysia, Singapore,

India and Hong Kong.

Advised and represented a utilities company in arbitration proceedings in relation to technical and complex issues of fact and law. Represented clients in a landmark case in Malaysia to decide on whether, and to what extent, a non-signatory to an arbitration agreement may be bound by it. Selected Litigation/ Advisory/ Project Management experience Advised and represented clients (international and domestic) on a myriad of construction issues such as delay and disruption claims, Extension of Time Claims, Variation Claims, Loss of Expense issues, the registration of foreign consultants, injunctions on bank Wong & Partners is a member of Baker & McKenzie International, a Swiss Verein. 4 guarantees/ performance bond claims, retention sum claims, quality issues, termination. Advised on disputes pertaining to engineering services for the supply of process topsides systems and engineering services for offshore work. Advised on, amongst others, warranties, condition precedents and claims pertaining to retention sums, acceleration costs and backcharges. Advised and represented a main contractor on its rights and liabilities with regards to the subcontractor and employer in a construction dispute and pertaining to issues of defective works, delayed delivery and unpaid sums owed. Advised a multinational onshore and offshore service provider in a disputes in relation to a high-profile oil and gas development project. Advised and represented a contractor in dealing with issues pertaining to the design, procurement and construction of a semi- submersible floating production system. Advised and represented a sub-contractor in relation to a major refinery and petrochemical development project in Malaysia in several dispute resolution forums. Advised and represented an off-shore company in relation to an 'Engineering, Procurement, Construction and Commissioning of Pumping Facilities Contract' in relation to the building, constructing and commissioning a one thousand kilometre pipeline and pumping facilities for the passage of crude oil. The dispute involved conflict of laws issues (jurisdictional and appropriate forums). Advised and represented the employers of a Proposed Mixed Development involving the underpinning of a United Nations Educational, Scientific and Cultural Organisation (UNESCO) World Heritage Site and engaging in multiple construction issues such as delay analysis, defects and rectification works. Advised local clients in relation to disputes arising out of the construction of the Mass Rapid Transportation line. Provided Project Management services to clients (international and domestic).

Conducted due diligence for Construction issues.

Professional affiliations and Memberships

Society of Construction Law (Malaysia) - President (2018- 2019) ; Deputy President (2017 - 2018); Vice President (2016 - 2017);

Secretary (2014 - 2016)

Chartered Institute of Arbitrators (Malaysia) - Secretary (2017 -

2018); Committee Member (2014 - 2017)

Wong & Partners is a member of Baker & McKenzie International, a Swiss Verein. 5 Chartered Institute of Arbitrators (Malaysia) Young Members Group - Committee Member (2017- 2021) Malaysian Bar Arbitration Law Committee - Committee Member (2018- 2021) Malaysian Bar Construction Law Committee - Committee Member (2018- 2021) KL Bar Gender Equality & Diversity - Committee Member (2018- 2021)
Wanita Industri Binaan Malaysia (Women in Construction - WIBM) -

Member - Committee Member (2019-2020)

Young Lawyers Committee of the KL Bar- Committee

Member (2018- 2019)

Society of Construction Law (Singapore) - Member

Institute of Arbitrators (SIArb) (Singapore) - Member

Malaysian Institute of Arbitrators- Member

Arbitral Women (The International Network of Women in Dispute

Resolution) - Member

Malaysian Society of Adjudicators - Member

Cambridge University Malaysia Society (Alumni Network) - Member

Oxford & Cambridge Society Malaysia - Member

Migrants, Refugees & Immigration Affairs Committee of the

Malaysian Bar - Committee Member (2015 - 2017)

Other notable Professional Work, Participation and Publications

Contributor to the CIDB Construction Law Reports

Contributor to the Construction Adjudication Reports of Malaysia 2018
Speaker in the Kuala Lumpur International ADR Week (the CIPAA

Conference) 2017, 2016

Speaker in the International Construction Week 2017 and Contributor to the International Construction Week Book 2017 Arbitrator in the ICC/ AIAC Pre-Moot for the Willem C.Vis International Commercial Arbitration Moot in AIAC, 2017, 2018 and 2019
Delay & Disruption Protocol published by the Society of Construction

Law (Malaysia) 2017- present

Contributor to the International Comparative Legal Guide to Construction & Engineering Law for Construction Law in Malaysia

2017, 2018

Wong & Partners is a member of Baker & McKenzie International, a Swiss Verein. 6 Contributor to the Digest publication by the Society of Construction

Law (Malaysia)

Co-Marketing Chair of SCL Malaysia's Construction Law

International Conference 2014

Awards and Recognition

- Recognised as a 'Future Star' in Commercial and Transactions, Construction and International Arbitration by Benchmark Litigation

Asia Pacific

- Acknowledged by her clients to be "very clear about probable outcomes and (clients') concerns" by Asia Law Profiles, 2019 - Nominated as a "Rising Star" in litigation by the Euromoney Asia

Woman in Business Law Awards, 2020

Education and Qualifications

Adjudicator, on the Panel of the Asian International Arbitration

Centre (AIAC)

Mediator, on the Panel of AIAC

Arbitrator on the Panels of AIAC and MIArb, Reserved Panel of SIAC (FCIArb) Fellow of the Chartered Institute of Arbitrators (Malaysia) (CIArb) (FMIArb) Fellow of the Malaysian Institute of Arbitrators (MIArb) (FAIADR) Fellow of Asian Institute of Alternative Dispute Resolution (AIADR)

Sports Arbitrator, AIAC

Master of Arts (Law), University of Cambridge

Bar of England and Wales (2008)

Malaysia Bar (2009)

Foreign Counsel, Singapore (2018)

quotesdbs_dbs48.pdfusesText_48

[PDF] aicha la bien aimé du prophete pdf

[PDF] aide achat meuble conseil general

[PDF] aide achat ordinateur portable étudiant crous

[PDF] aide achat ordinateur portable étudiant crous bordeaux

[PDF] aide adobe acrobat pro

[PDF] aide au retour en france

[PDF] aide caf classe découverte

[PDF] aide exceptionnelle mairie

[PDF] aide extra légale cpam

[PDF] aide financiere caf 2017

[PDF] aide financière exceptionnelle ccas

[PDF] aide financière exceptionnelle conseil général

[PDF] aide financiere fonctionnaire education nationale

[PDF] aide financière formation vaud

[PDF] aide financiere val de marne