Domestic and AIAC-administered arbitration under the PAM, PWD (JKR), CIDB and FIDIC forms — from notice of arbitration to award and enforcement.

Practice 02

Construction arbitration

Arbitration is where most substantial construction disputes are finally decided in Malaysia. We act as counsel in domestic and institutional arbitrations, and our partners also sit as arbitrators — which means we understand what a tribunal actually needs to be persuaded.

The forms we work in

Malaysian construction contracts run on a familiar set of standard forms — the PAM building contracts, the PWD (JKR) 203 and 203A government forms, the CIDB form and, on larger and international projects, the FIDIC suite. Each has its own machinery for claims, certification, extensions of time and dispute resolution. We know these forms and how the arbitration clauses in them bite.

Building the case

Construction arbitrations turn on records: the programme, the site diaries, the certificates, the correspondence and the measured works. We work with delay, quantum and technical experts from the outset, plead the case with precision, and present it to the tribunal in a way that makes the entitlement and the numbers easy to follow. Our engineering literacy means nothing gets lost in translation between the site and the tribunal.

From award to enforcement

An award is only as good as its enforcement. We advise on the recognition and enforcement of domestic and foreign awards under the Arbitration Act 2005 and the New York Convention, and on resisting or bringing applications to set aside where there is a proper basis.

How we help

Counsel in domestic and AIAC-administered arbitrations
Disputes under the PAM, PWD (JKR) 203/203A, CIDB and FIDIC forms
Extension-of-time, prolongation and loss-and-expense claims
Final account and variation disputes
Applications to enforce or set aside awards
Appointments of our partners as arbitrators

Common questions

Arbitration or adjudication — which should I use?

They serve different purposes. Adjudication gives you a fast, binding, interim decision on a payment dispute; arbitration finally determines the whole dispute but takes longer. Many clients adjudicate to get cash flowing and then arbitrate the final account. We advise on sequencing the two so they work together rather than against each other.

Is an arbitration award final?

An award is final and binding, subject only to the limited grounds for setting aside under the Arbitration Act 2005. There is no general right of appeal on the merits, which is one reason the case has to be built properly the first time.

Speak to counsel

A payment claim just landed? The clock has already started.

Construction disputes run on deadlines — statutory and contractual. Tell us where you are and we will tell you, plainly, what your position is and what the next working days require. The first conversation is complimentary.

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