Ko Luen Lam

Practice Areas

International & Domestic Arbitration

Building and Construction Contract Disputes

Adjudication under the Construction Industry Payment & Adjudication Act 2012

Land Reference matters

Insurance matters

Civil & Corporate Litigation.

Career

Ko Luen was called to the Malayan Bar in 1996 and to the Sarawak Bar in 2001. He heads the firm’s Arbitration (International & Domestic), Building, Construction & Engineering and Insurance departments.

Professional Memberships

FCIArb

FMIArb

Advocate & Solicitor, Malaya

Advocate, Sarawak

Publications

“Arbitration Reform in Malaysia: Adopting the Model Law” in the textbook “The Developing World of Arbitration – A Comparative Study of Arbitration Reform in the Asia Pacific” by Hart Publishing (2018).

“The Anti-Suit Injunction” in Law and Practice of Injunctions in Malaysia by Sweet & Maxwell (2020).

Malaysia chapter of CDR “Essential Intelligence: The Belt and Road Initiative”, published by Global Legal Group, London (2021).

“Design and Supervision Obligations in Construction” in Law and Practice of Construction Law in Malaysia by Sweet & Maxwell (2021).

“Malaysian chapter on Construction Law”, part of the Chambers Global Practice Guides published by Chambers and Partners (2022).

Expert in these Jurisdictions

Malaysia

Languages Spoken

Bahasa Malaysia, English

Experience

Ko Luen specializes in the areas of arbitration, building, construction and engineering disputes, civil and corporate litigation, insurance and land reference matters. He appears as counsel in court, arbitration and adjudication hearings. Ko Luen also sits as an arbitrator in arbitration proceedings and an adjudicator in adjudication proceedings.

His work experience includes:

* Advisory, drafting and assisting in negotiations, representing clients (local and multinationals) in court and in domestic and international arbitration proceedings.

* Advising clients on matters relating to EPCC and REPPA in Malaysia, issues arising out of design and construction of bridges, shipbuilding contracts in China, construction of oil and gas platforms in Malaysia, design and construction of ports in Malaysia, major hydro-electric projects in Sarawak, construction of major highway in Sarawak, construction work related to the Kuala Lumpur International Airport (KLIA), major projects undertaken in Singapore and Johor relating to construction contracts involving rehabilitation, refurbishment, design, fabrication, shipment, erection, testing, engineering, procurement and construction of terminal export facilities of a butadiene extraction plant, the design and construction of a major water treatment plant in Johor, matters relating to the manufacturer and supply of Electric Train Sets (ETS), contracts relating to major tunnelling works and a major joint venture involving over 11,000 hectares of land in Sabah.

* Providing legal representation to foreign governments including the Government of Singapore, the Government of India and the Government of Laos in proceedings in Malaysia.

* Arbitration proceedings under various institutional rules including the AIAC (formerly known as KLRCA) Rules, the SIAC Rules, the UNCITRAL Rules, the PAM Rules and the ICC Rules of Arbitration.

* Adjudication proceedings under the Construction Industry Payment and Adjudication Act (CIPAA).

Awards

Work Highlights

Represented a client in an action where the effect of the High Court's decision meant that no consultant engaged by a sub-contractor in a construction project could ever be liable to a main contractor in tort for professional negligence. This decision has far-reaching ramifications and an appeal has been filed with the Court of Appeal.