Overview

Ashok graduated from the University of Wales, Aberystwyth in 1994 and was called to the English Bar (Gray’s Inn) in 1995. He has been in legal practice since joining Skrine in 1996. He was made partner of Skrine in 2004. Ashok has conducted arbitration and litigation in building construction contracts relating, to claims for inter alia extensions of time, certificates, liquidated damages, loss and expense, variation works, “pay when paid clauses”, performance bonds and defective design.

He has acted as Counsel for various multinational companies in a variety of construction and corporate and commercial disputes which include advising various companies specialised in civil building, oil and gas industry, refinery plant maintenance, telecommunication and health maintenance industries.

Ashok is the current Chairman of the Chartered Institute of Arbitrators, Malaysia Branch.  He is also on the Regional Centre for Arbitration Kuala Lumpur’s panel of arbitrators and has been appointed a sole arbitrator.

Ashok has been at the forefront in developing the jurisprudence in the Malaysian arbitration law, the Arbitration Act 2005 and has published several commentaries on recent case law he was directly involved in setting out its implications on the arbitral regime in Malaysia.

Further Details

Areas of Practice
Arbitration & Alternative Dispute Resolution, Bankruptcy/ Insolvency, Construction & Engineering, Contracts, Sale of Goods, Oil and Gas, Corporate and Commercial Disputes, Administrative Law and Negligence, Professional liability, Land Acquisition.

Professional Affiliations
Chairman of Chartered Institute of Arbitrators, Malaysia Branch

Member of the Society of the Construction Law (Kuala Lumpur & Selangor Branch)

Member of the Malaysian Bar Council Sub-Committee on Construction law

Member of the Arbitration Association Brunei Darussalam.

Member of the Honourable Society of Gray’s Inn

Qualifications
Advocate & Solicitor of the High Court of Malaya

Bachelor of Laws (Hons), Wales

Barrister-at-law, Gray’s Inn

Fellow of the Chartered institute of Arbitrators, FCIArb

Experience

Lead Counsel in Arbitration and Court Proceedings for disputes in the following Projects:-

• Petronas Twin Towers- Supply, delivery and Installation of Curtain Wall Tower 1 Petronas Towers.

• Part of the Task Force Team appointed by the Port Klang Authority to report on the Port Klang Free Zone Project (“PKFZ”)

• Ras Tanura Refinery Upgrade Project Saudi Arabia.

• Teachers Housing Project- The construction, completion and rectification of defects of Government quarters for teachers.

• Sub Contract for the Works of Underpass Works on Jalan Tun Razak and Jalan Ampang.

• Greater Ipoh water supply scheme II- Construction of Sungai Kinta Dam and Associated Works.

• Construction of Petrosa Oil Storage and Distribution Depot Project at Sapangar Bay, Sabah.

• Design,  Construction,  Completion  and  Commissioning of a Solid  Waste  Thermal  Treatment  Plant  at Beroga, Mukim Semenyih, Daerah Hulu Langat, Selangor Darul Ehsan.

• Design, supply, delivery, fabricate and install a titanium zinc Roof at the Prime Ministers Office (“PMO”) at Putrajaya and the other for similar works at the Prime Minister’s Residence (“PMR”).

• Supply, delivery, installation, testing and commissioning, furniture procurement, IT system establishment and training for MICET instructors and development of technical, vocational and educational curriculum and syllabus for courses to be run by MICET.

• Feasibility Study Engineering and Capital and Capital Cost Evaluation of a green Fields newsprint Mill in Malaysia.

• Construction of Kuantan Parade Commercial Shopping Complex.

• Superstructure Works for Construction of 19th Storey Park Inn Hotel.

• Production Sharing Contract in respect of Production of Crude Oil and  Natural Gas.

• Petronas Fertilizer Kedah Project.

• The Design, Construction  and  Completion  of  Roof  Structural Steel Works and Roof Covering of Dewan Bahasa and  Pustaka Complex.

• Construction   and   Completion of a Hostel for  the  Medical  Faculty, UKM.

• Proposed Universiti   Teknologi   Petronas   Development  At    Bandar  Seri  Iskandar,  Tronoh,  Perak  Darul  Ridzuan for the Construction and Completion of the Roof.

• Supply, Construction and  Completion of External  Roads and Drains Works for the proposed development of 3 Blocks of 20-storey apartments comprising 756 unit on Phase 1B and 1 Block of 15-storey apartment and 1 Block of 13-storey apartment comprising 592 units for Type 3 rooms on Phase 1A, And Part of Taman Tasik Within The Development known as “Taman Desaminium” Lestari Perdana, 43300 Seri Kembangan, Selangor Darul Ehsan.

• Design, Construction, Completion and Commissioning of Batu  Estate Water Distribution System to Kuala Lumpur.

• Distribution Supply Works for Cheras, Kajang, Semenyih and Beranang in the district of Hulu Langat.

• “K Residence – Main Building Works for Condominium Tower “A” to Proposed Hotel, Office, Service Apartment and Commercial Development for Lots 201, 202, 206-211, Section 43, Jalan Ampang, Kuala Lumpur.

• Construction for the Proposed Mixed Development On Lots 39, 296, 1237, 1238, 2347, 2348, 2349 & 2350, Section 1, Persiaran Gurney, Bandar Georgetown, D.T.I. Pulau Pinang (“Gurney Paragon, Penang”)

Drafting and Negotiation of Contracts

• Ashok has drafted and negotiated contracts on behalf of multi-national companies involved in various infrastructure projects throughout Malaysia. These contracts include main building contract, sub-contracts, management contracts, consultancy contracts including those related to architects, engineers and quantity surveyors, contracts for supply and sale of goods agreements.

Experience as Arbitrator

• Sole arbitrator in an arbitration relating to a Distribution and Agency Agreement for the sale, distribution and promotion of monthly edition of a magazine publication using the KLRCA Arbitration Rules.  Published a final award.

• Sole arbitrator in an on-going ad-hoc arbitration relating to construction contract involving a contract for a project known as “Proposal to Construct and Complete a Research Complex with 1 storey workshop block, 2 storey cafeteria Block, 3 storey Public Block, 4-5 storey Research Block dan 4 Units of Apartment  on the floor above on the following Lots 69, 2630, 5805 part of Lots  3071, 5803 and 5804 at Taman Teknologi Malaysia, Bukit Jalil, Mukim Petaling, Kuala Lumpur “

Publications

Other Professional Work and Publications

• Author of the Malaysian Chapter of Global Legal Group International Comparative Legal Guide to: International Arbitration 2010- A practical cross-border insight into international arbitration work.
• Author of the Malaysian Chapter on Practical Law Company, London- Cross-border Dispute Resolution Handbook 2011/2012 Volume 2: Arbitration.
• Author of the Malaysian Chapter of Global Legal Group International Comparative Legal Guide to: International Arbitration 2011- A practical cross-border insight into international arbitration work.
• Presented a Talk on – 5 Years since the Enactment of Arbitration Act 2005 and the Arbitration (Amendment) Bill 2010 at the Seminar co-organised by the Chartered Institute of Arbitrators and the Society of Construction Law.
• Delivered Paper on recent Changes to the Malaysian Arbitration Act and how it affects the oil and gas industry organised by IQPC 2 day Conference- Contract Risk Management Upstream Oil and GAS 2006- December 2006.
• Course Director, Tutor, Examiner of the Following Courses conducted by Chartered Institute of Arbitrators:
  * Accelerated Route to Fellowship Course
  * Introduction to Arbitration Course

• Delivered talk on “Arbitration in Malaysia: Development since the enactment of the Arbitration Act 2005 and the Arbitration (Amendment) Act 2011” at a seminar organised by Judicial and Legal Training Institute, July 2012

• Delivered talk on “Risk Allocation – in the Construction Industry” at a seminar organised by Lexis Nexis at Prince Hotel, Kuala Lumpur, May 2005.

• Lecturer at International Islamic University for the ADR Society Members.
• Delivered Paper on Isolating and Resolving Contractual Disputes at 2 day Conference organised by the Asia Business Forum-  Prince Hotel November 2008.