Partners

Partner

Sanjay Mohanasundram

Sanjay was called to the Malaysian Bar in 1995 after graduating from the University of Warwick.

Sanjay specializes in construction and commercial dispute resolution. He has been involved in over 60 arbitrations both domestically and internationally. Apart from an active arbitration practice, Sanjay regularly appears in Malaysian Courts. Since the introduction of the Construction Industry and Payment Adjudication Act 2012 he has been involved in more than 30 adjudications.

Arbitration

In addition to the numerous domestic arbitrations, he has represented parties in ICC arbitrations in Singapore, Dubai, Bangkok and Kuala Lumpur, acted as counsel in more than 10 arbitrations in Singapore involving the SIAC rules and in ad hoc arbitrations in Australia and London. The issues that Sanjay had to deal with are extremely wide ranging, and have had to work with experts on delay, costs, financial issues and technical issues.

Sanjay’s recent appointments as counsel in commercial and construction related arbitrations include the following:

    -Acting for a Malaysian public listed company in a joint venture dispute in relation to the development of a project in Malaysia. The amount in dispute is in excess of RM 500 million.

    -Defending 3 Malaysian companies in an arbitration commenced in relation to the termination of a contract in relation to the supply of cooing gas. The amounts claim is in excess of RM 250 million.

    -Representing a Malaysian public listed company dealing in power in relation to the construction of a power plant in Malaysia. The amount in dispute is approximately RM 400 million.

    -Defending a Malaysian company in a claim amounting to approximately RM 100 million in relation to a project in Brunei. The dispute relates to the design and construction issues and the arbitration is in Singapore.

    -Representing a Malaysian public listed company in a claim against an international company arising from a joint venture agreement for the construction of power plant. The claims and cross claims exceed RM 150 million. The arbitration is scheduled for hearing in Singapore.

    -Acting for a joint venture partner in relation to the construction of a hospital. The disputes relate to issues of value engineering, failure on the part of consultants to properly manage the project, costs overruns and potential delay claims.

    -Represented a Malaysian company in a claim for RM 80 million in an ICC arbitration held in Singapore and Bangkok. The dispute concerned the construction and supply of a boiler for a plant located in Thailand. This highly complex dispute required the involvement of Thai law and experts in relation to construction of boilers.

    -Successfully represented the contractor in a dispute in relation to the construction of the mass rapid transport project in order to prepare a claim to recover acceleration cost, loss and expense as well as variations amounting to sums in excess of RM 100 million.

    -Currently acting for a contractor to pursue claims in excess of RM 100 million against the subcontractor in relation to the mass rapid transport project in Kuala Lumpur arising from delays to the project caused by delayed access to the site.

    -Acting for a Malaysian contractor in a series of arbitrations against the Government of Malaysia in relation to infrastructure projects located in Malaysia. The amount in dispute exceeds RM 100 million.

    -Represented an international French contractor in an international arbitration in Singapore. The dispute pertained to the failure of the main contractor to make payment to the subcontractor for work done in relation to a high-rise tower building located in Kuala Lumpur.

    -Represented the owner of a port located in Sabah in a claim brought by the main contractor for the sum of RM 40 million. The dispute involves technical issues pertaining to the reclamation of land in order to construct the port facilities and further claims for variation and prolongation costs. The sums awarded to the main contractor in arbitration was a substantially less than the amount claimed.

    -Acted for the main contractor in a series of 3 arbitrations in claims brought by the subcontractor for a total sum of RM 87 million. The dispute pertained to the construction of the Penang Bridge. The issue related to the use of marine piles and whether the piles had been driven to suitable lengths.

General civil and commercial litigation

In addition to his arbitration practice, Sanjay regularly appears in the High Court and the Appellant Courts. He is regularly appointed as counsel in complicated disputes pertaining to trust, wills and general commercial disputes.

    -Currently acting for a subsidiary of a Malaysian public listed subsidiary to defend them in a claim for sums in excess of RM 700 million premised on an allegation of trespass, negligence and nuisance.

    -Acted for a subsidiary of Khazanah Holdings in a dispute in relation to disputes concerning land and environmental law disputes. In addition, the dispute raised issued in relation the limits of a directors actual and ostensible duties.

    -Representing MBSB in a dispute in excess of RM 500 million concerning a piece of land in Johor Bharu and breach of a joint venture agreement. In this case, there have been various allegations of fraud and conspiracy to defraud.

    -Acted for a Malaysian company in a dispute in relation to a land dispute located in Selangor. The value of the land in dispute was in excess of RM 500 million and related to a breach of joint venture agreement.

Recent reported decisions

    -Jack in Pile v Bauer (M) Sdn Bhd which confirmed the prospective application of the Construction Industry Payment Adjudication Act 2012;

    -Exceljade Sdn Bhd v Bauer (M) Sdn Bhd which addressed the issue of the test on which an appeal pursuant to Section 42 of the Arbitration Act 2005 can be pursued;

    -Kejuruteraan Bintai Kindenko Sdn Bhd v Nam Fatt Construction Sdn Bhd where the Court of Appeal accepted unconscionable conduct as a ground for granting an injunction in relation to a demand on a performance bond;

    -UDA Holdings Bhd v Bisraya Construction Sdn Bhd which dealt with the retrospective application of the Construction Industry Payment Adjudication Act 2015;

    -Kejuruteraan Bintai Kindenko Sdn Bhd v Serdang Baru 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;

    -Pertama Makmur Sdn Bhd v Hong Leong MSIG Takaful Sdn Bhd which addressed the refusal of an insurance company to make payment to a construction company for damages arising from a collapse.

Adjudication

In addition, Sanjay has an extensive adjudication practice. He represents clients both as claimants and respondents in adjudications. Sanjay regularly appears in the courts to challenge and or resist challenges to adjudication decisions. Significant adjudication decisions include:

    -Successfully represented a Malaysian contractor against a Spanish company in relation to a claim amounting to RM 12 million with regard to the construction of a power plant.

    -Successfully represented an international Chinese contractor in relation to claim for the sum of RM 25 million against a Malaysian company in relation to the construction of a multi storey high rise project.

    -Successfully represented a Korean company against an Indian company in relation to a claim in excess of RM 10 million and further represented a Singaporean company against the same company Indian company in separate proceedings.

General

Sanjay has been recognised in Chambers 2020 as one of the leading lawyers in construction arbitration related disputes. Sanjay is also on the AIAC panel of arbitrators and he regularly speaks on issues of construction law and arbitration.

Email: sm@sanjaymohan.com.my

Partner

Gobinath Karuppan

Gobi was called to the Malaysian Bar in 2005 after graduating from the University of Malaya.

Gobi specialises in construction, insurance and commercial dispute resolution. He has been involved in numerous arbitrations. Apart from the arbitration practice, Gobi regularly appears in Malaysian Courts.

Further to the above, Gobi specialises in disputes in respect of Construction Industry and Payment Adjudication Act 2012.

Arbitration

Gobi’s involvement in commercial and construction related arbitrations include the following:

    -Acting for a Malaysian company in a dispute in respect of the construction of the east coast highway.

    -Acting for a Malaysian Company in a dispute in respect of the construction of Feedlot.

    -Defending 3 Malaysian companies in an arbitration commenced in relation to the termination of a contract in relation to the supply of cooling gas. The amounts claim is in excess of RM 250 million.

    -Acting for a developer in respect of dispute arose with its contractor in respect of construction of houses and apartment

General civil and commercial litigation

Gobi regularly appears in the High Court and the Appellate Courts. He has among others:-

    -Acted for a subsidiary of Khazanah Holdings in a dispute in relation to disputes concerning land and environmental law disputes. In addition, the dispute raised issued in relation the limits of a directors actual and ostensible duties.

    -Representing MBSB in a dispute in excess of RM 500 million concerning a piece of land in Johor Bharu and breach of a joint venture agreement. In this case, there have been various allegations of fraud and conspiracy to defraud.

    -Successfully acted for a construction company against an insurance company.

    -Acting for a developer against the consultant, contractor and an insurance company.

Recent reported decisions

    -Kejuruteraan Bintai Kindenko Sdn Bhd v Nam Fatt Construction Sdn Bhd wherein the Court of Appeal accepted unconscionable conduct as a ground for granting an injunction in relation to a demand on a performance bond;

    -KCSB Consortium Sdn Bhd v Malaysia Building Society Berhad wherein the Federal Court accepted that a charge which was registered as a 1st party charge as opposed to a 3rd party charge is valid and binding.

    -Pertama Makmur Sdn Bhd v Hong Leong MSIG Takaful Sdn Bhd which addressed the refusal of an insurance company to make payment to a construction company for damages arising from a collapse.

    -I-Expo Sdn Bhd v TNB Engineering Corp Sdn Bhd wherein successfully defended claim brought by the Plaintiff for injunction and damages.

    -Proton Edar Sdn Bhd v Multioto Assist Sdn Bhd wherein the Court of Appeal accepted that there was no concluded agreement reached between the parties and dismissed the Plaintiff’s claim.

    -Mujur Zaman Sdn Bhd v Citra Tani Sdn Bhd wherein successfully removed private caveats lodged by the Defendant.

    -Petronas Nasional Berhad v Perwaja Steel Sdn Bhd wherein successfully represented Petronas Nasional Berhad in a claim more than 100 million.

Adjudication

Gobi handles adjudication disputes. He represents clients both as claimants and respondents in adjudications. He also appears in the courts to challenge and or resist challenges to adjudication decisions.

Email: gk@sanjaymohan.com.my

Partner

Wong Li-Wei

Li-Wei was called to the Malaysian Bar in October 2012 after graduating from the University of London.

Li-Wei specializes in construction and civil, commercial dispute resolution. She has been involved in arbitrations under the ICC Rules, AIAC Rules, ad hoc arbitration as well as adjudication pursuant to the Construction Industry and Payment Adjudication Act 2012. Apart from arbitration and adjudication practice, Li-Wei is also actively involved in commercial, contractual and civil disputes and appears in the Malaysian Courts.

Construction Arbitration/ Litigation

    Li-Wei’s experience in relation to arbitration construction disputes includes airport, high-rise buildings (including mixed developments and hotels), railway tracks, water bunded storage, refineries, floating production storage & offloading, bridges, hospital and sewerage treatment plant. The notable ones are inter alia as follows:

    -Involved in successfully defending a claim for consultancy fees in relation to the construction of an airport in Malaysia.

    -Involved in securing an injunction to restrain a demand on a performance bond in relation to a construction project in Kuala Lumpur.

    -Represented contractors in resisting applications for an injunction to restrain demands made on performance bonds.

    -Involved in an arbitration under the ICC Rules pertaining to the construction of a mixed development located in Kuala Lumpur wherein the seat of arbitration is in Singapore.

    -Involved in successfully securing a judgment for a contractor in the construction of residential facilities in Ipoh.

    -Involved in successfully securing an award for a contractor in the construction of the Malaysian Embassy in Manila, Philippines.

    -Acting for a joint venture partner in relation to the construction of a hospital. The disputes relate to issues of value engineering, failure on the part of consultants to properly manage the project, costs overruns and potential delay claims.

    -Acting for contractors in relation to the project known at the Refinery and Petrochemical Integrated Development Project.

    -General advisory on issues relating to claims and/or potential claims to be made to the contractor and/or employer.

    -General advisory relating to claims and/or potential claims against the clients.

General civil and commercial litigation

Li-Wei is also involved in commercial, contractual and civil disputes and appears in the High Court as well as the appellate courts for hearings and trials. The notable ones are amongst others as follows:

    -Currently acting for beneficiaries of an estate to recover monies and assets valued at RM 60 million.

    -Currently involved in a dispute in relation to issues concerning the application and interpretation of the Housing Development Act 1966, particularly in relation to the power of the minister and the application of the ouster clause.

    -Involved in a Federal Court matter whereby the issue as to whether the judge’s inherent discretion can be limited by way of a contract entered into between the parties.

    -Involved in a Federal Court matter whereby leave was granted on questions of law relating to the law on trust.

    -Represented land owner in a dispute involving the local authority by way judicial review proceedings.

    -Represented administrators of an estate to recover monies and assets on behalf of the estate.

Adjudication

Li-Wei has an extensive adjudication practice. She represents clients both as claimants and respondents in adjudications and also appears in the courts to challenge and or resist challenges to adjudication decisions. The notable ones are as follows:

    -Successfully defended an adjudication claim against a subcontractor in relation to the construction of a high-rise tower.

    -Successfully defended an adjudication claim against a contractor in relation to the engineering works to be carried out in an airport.

    -Successfully represented a Korean company against an Indian company in relation to a claim in excess of RM 10 million.

Email: wlw@sanjaymohan.com.my

Partner

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, PAM Arbitration Rules and IEM Arbitration Rules. Since the introduction of the Construction Industry and Payment Adjudication Act 2012 he has been involved in more than 30 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 the Construction Industry Payment Adjudication Act 2012.

Arbitration

Adam had been involved in wide ranging arbitration matters involving disputes relating delay, performance bond, back charges, loss and expense, loss of profit, and claims for interest. Adam’s arbitration 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 authorities approvals.

Adam’s recent construction and commercial related arbitrations include the following:

    -Acting for a Malaysian public listed company in a joint venture dispute in relation to the development of a project in East Malaysia. The amount in dispute is in excess of RM 500 million.

    -Representing a Malaysian public listed company dealing in power in relation to the construction of a power plant in Malaysia. The amount in dispute is approximately RM 400 million.

    -Acting for a Malaysian public listed company dealing in power in relation to the net heat rate output of the power plant in Malaysia. The amount in dispute is approximately RM 150 million.

    -Acting for a main contractor to pursue claims in excess of RM 75 million against the Employer in relation to a mixed development in Kuala Lumpur.

    -Successfully represented the contractor in a dispute in relation to the construction of a high rise office building in Putrajaya pursuant to the FIDIC Contract in order to prepare a claim for work done, variations, return of performance bond, refund of discounts, and claims for finance charges amounting to sums in excess of RM 18 million.

    -Acting for a Malaysian company in relation to the construction of car parks in Kuala Lumpur. The disputes relate to issues of value engineering, failure on the part of sub-contractor to properly manage the project, costs overruns and defects rectifications. The amount in dispute is approximately RM10 million.

    -Acting for a main contractor to pursue claims of approximately RM10 million against the Employer in relation to a high rise development in Sabah.

General civil and commercial litigation

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

    -Currently acting for a subsidiary of a Malaysian public listed company with regards to the recognition of the appointments of its directors and further for an injunction to restrain the other directors from proceeding with board of director’s meetings without recognising all the directors of the company.

    -Currently acting for a subsidiary of a Malaysian public listed company to defend them in a claim for sums in excess of RM 700 million premised on an allegation of trespass, negligence and nuisance.

    -Currently acting for a Malaysian company in a dispute with regards to the application of the Covid-19 Act in respect of the due date for payment of interim certificates which allegedly fall during the Movement Control Order imposed by the Government of Malaysia in March 2020.

    -Acting for a Malaysian company with regards to mutual mistake in an agreement and an application to rectify the mistake in Court.

    -Successfully represented a Malaysian company against the insurer in a dispute in relation to an insurance claim premised on the Construction All Risk Policy. The dispute was in relation to the wrongful repudiation of the insurance policy.

    -Successfully represented a Malaysian company to vary the Arbitration Award with regards to the imposition of liquidated damages. The value of the dispute was in excess of RM 35 million.

    -Successfully represented a Malaysian public listed company with regards to an injunction on the demand of performance bond.

    -Successfully represented a Malaysian company in a winding up proceeding commenced premised on a Payment Certificate and Final Accounts in a construction contract.

Recent reported decisions

    -Jack in Pile v Bauer (M) Sdn Bhd which confirmed the prospective application of the Construction Industry Payment Adjudication Act 2012;

    -Exceljade Sdn Bhd v Bauer (M) Sdn Bhd which addressed the issue of the test on which an appeal pursuant to Section 42 of the Arbitration Act 2005 can be pursued;

    -UDA Holdings Bhd v Bisraya Construction Sdn Bhd which dealt with the retrospective application of the Construction Industry Payment Adjudication Act 2015;

    -Kejuruteraan Bintai Kindenko Sdn Bhd v Serdang Baru 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;

    -Pertama Makmur Sdn Bhd v Hong Leong MSIG Takaful Sdn Bhd which addressed the refusal of an insurance company to make payment to a construction company for damages arising from a collapse.

Adjudication

Adam has an extensive adjudication practice. He had 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 the contract and Statutory Adjudication pursuant to the Construction Industry Payment and Adjudication Act 2012. Adam’s recent adjudication experience includes:

    -Successfully represented a Malaysian contractor against a Spanish company in relation to a claim amounting to RM 12 million with regard to the construction of a power plant.

    -Successfully represented an international Chinese contractor in relation to claim for the sum of RM 25 million against a Malaysian company in relation to the construction of a multi storey high rise project.

Email: al@sanjaymohan.com.my