Adam Lee

Adam was called to the Malaysian Bar in 2013 after graduating from Oxford Brookes University, UK.

Adam specializes in construction and commercial dispute resolution. He has been involved in numerous arbitrations involving the KLRCA Arbitration Rules, AIAC Arbitration Rules, UNCITRAL Arbitration Rules, ICC Arbitration Rules, PAM Arbitration Rules and IEM Arbitration Rules. Adam had been involved in wide ranging arbitration matters involving construction disputes relating delay, performance bond, back charges, loss and expense, loss of profit, and claims for interest. Adam’s arbitration experience includes technical issues in relation to soil conditions, strength and integrity of bore piles, integrity of slopes, integrity of retention walls, usage of bentonite, strength and integrity of glass panels for high rise buildings, water proofing issues, pesticides issues, sewage treatment plants, net heat rate output of power plants, power plant mechanical and electrical systems, and local authorities’ approvals. Adam further deals with arbitration in relation to shareholder disputes and breach of contracts.

Since the introduction of the Construction Industry and Payment Adjudication Act 2012 (“CIPAA 2012”) he has been involved in more than 50 adjudications and was further involved in the Federal Court’s decision in Jack in Pile v Bauer (M) Sdn Bhd which confirmed the prospective application of CIPAA 2012. He has successfully represented clients on both sides of the divide as claimants and respondents. Adam’s adjudication practice comprises of disputes which were referred to the Dispute Adjudication Board pursuant to contract and Statutory Adjudication pursuant to CIPAA 2012.

Adam also appears regularly in the Sessions Court, High Court and Appellate Courts in Malaysia in complicated disputes pertaining to breach of contracts, defamation, negligence, trespass to land, wills, insurance claims, shareholder disputes, and general commercial disputes.

Recent Decisions

• Successfully argued the matter at the Court of Appeal in Country Heights Holdings Berhad v Monaliza Binti Zaidel & 2 Ors (Civil Appeal No.: B-02(IM)(NCC)-1133-06/2021) pertaining the jurisdiction of the High Court of Malaya in hearing disputes that occurred in Kuching, Sarawak on the premise that the registered address of the company in question is in Selangor despite having conducted its business in Kuching, Sarawak.
• Part of the team in the Federal Court case of Jack-In Pile (M) Sdn Bhd v Bauer (M) Sdn Bhd and another appeal [2020] 1 MLJ 174 which confirmed the prospective application of the Construction Industry Payment Adjudication Act 2012.
• Part of the team in the case of Exceljade Sdn Bhd v Bauer (Malaysia) Sdn Bhd [2013] MLJU 1202 which addressed the issue of the test on which an appeal pursuant to Section 42 of the Arbitration Act 2005 can be pursued.
• Part of the team in the case of UDA Holdings Bhd v Bisraya Construction Sdn Bhd & Anor and another case [2015] 11 MLJ 499 which dealt with the retrospective application of the Construction Industry Payment Adjudication Act 2015.
• Part of the team in the case of Kejuruteraan Bintai Kindenko Sdn Bhd v Serdang Baru Properties Sdn Bhd [2017] MLJU 528 which resulted in the successful challenge of an arbitration award pursuant to Section 42 of the Arbitration Act. The successful challenge resulted in the increase of the award from RM 2 million to RM 42 million.
• Part of the team in the case of Pertama Makmur Sdn Bhd v Hong Leong MSIG Takaful Bhd [2017] 10 MLJ 506 which addressed the refusal of an insurance company to make payment to a construction company for damages arising from a Construction All Risk Insurance Policy and fraud by the insurance company’s agent.