Overview  

Ivan Y. F. Loo graduated from the University of Bristol, United Kingdom and was called to the Bar of England and Wales (Gray’s Inn) in 1991 and to the Malaysian Bar in 1992. He is an Advocate and Solicitor and chairs the Construction and Engineering Practice Group in Skrine.

Ivan has been engaged in a variety of commercial and civil cases.  A significant portion of his past and present work involves the construction industry in general and disputes between employers, main contractors and sub-contractors in particular. He primarily appears as lead counsel in arbitration and/or litigation proceedings and has appeared in all levels of the Courts of West Malaysia. In respect of arbitration proceedings, he has appeared before arbitrators who are architects, engineers, lawyers and retired judges on disputes involving various rules of arbitration including KLRCA, UNCITRAL, ICC, PAM, IEM.

He also sits as Arbitrator and Mediator and is on the panel of arbitrators of the Kuala Lumpur Regional Centre for Arbitration and an accredited Mediator with the Malaysian Mediation Centre. In 2008, he was part of a United Nations working group in Vienna which was involved in revising the UNCITRAL Arbitration Rules.

Ivan is also involved in reviewing, drafting and negotiating construction/building and engineering contracts for the construction of buildings, factories, infrastructure works, plants, housing developments, and various other engineering and government projects using various contracting options including traditional procurement and turnkey contracts.

  Further Details  

Areas of Practice
Arbitration (International & Domestic), Alternative Dispute Resolution,  Construction & Engineering, Contracts, Corporate & Commercial Disputes, Defamation, Insurance, Real Estate Disputes, Mediation, Professional Liability/ Negligence, Tort.

Professional Affiliations
Fellow of the Chartered Institute of Arbitrators (UK).

Deputy President of the Society of Construction Law (Kuala Lumpur and Selangor).

Panel Arbitrator, Kuala Lumpur Regional Centre for Arbitration.

Accredited Mediator, Malaysian Mediation Centre.

Former Member, Arbitration and Alternative Dispute Resolution Committee of the Malaysian Bar Council.

Member, Construction Law Sub-Committee of the Malaysian Bar Council.

Panel Member, Investigating Tribunal Legal Profession Disciplinary Board.

Member, Infrastructure Committee of the Malaysian International Chamber of Commerce and Industry.

Qualifications
Advocate & Solicitor, High Court of Malaya

Barrister-at-Law, Gray’s Inn, London

LLB (Hons) University of Bristol

Fellow of Chartered Institute of Arbitrators (UK)

  Experience  

Engagements include:-

Arbitration (international & Domestic)

• Lead counsel for a major Government-Linked Company who was the employer in arbitration proceedings in a dispute against the main contractor concerning the construction of civil and cable works involving more than 220 contracts with an amount in dispute of more than RM100 million.
• Lead counsel for a foreign client who is the main contractor in an ICC Arbitration with the seat of arbitration in Singapore in a dispute concerning the design and construction of a manufacturing facility in India with English law being the governing law of the contract.
• Lead counsel for the main contractor in arbitration proceedings in a dispute concerning the manufacturing and supply of concrete pre-cast elements for a major government housing project with an amount in dispute of more than RM33 million.
• Sat as sole arbitrator in an arbitration under the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration involving a construction dispute.
• Lead counsel for the main contractor in arbitration proceedings in a dispute concerning the construction of a major government building project with an amount in dispute of more than RM440 million.
• Lead counsel for a foreign client who is the main contractor in an UNCITRAL arbitration in a dispute concerning a major mixed commercial development project in Kuala Lumpur with an amount in dispute of more than RM950 million.
• Lead counsel for the main contractor in arbitration proceedings in a dispute concerning the construction of a water treatment plant in East Malaysia based on a modified Public Works Department (PWD) contract with an amount in dispute of more than RM18 million.
• Lead counsel for the employer in arbitration proceedings in a dispute concerning land reclamation works adopting the FIDIC Conditions of Contract with modifications/amendments with an amount in dispute of more than RM90 million.
• Represented the employer against the main contractor in a luxury condominium project in the heart of the KLCC area with an amount in dispute of more than RM12 million.
• Lead counsel for the main contractor in arbitration proceedings in a dispute concerning a Coal Fired Power Plant project in Malaysia with an amount in dispute of more than RM12 million.
• Counsel for the main contractor in arbitration proceedings in a dispute concerning a development project in Kuala Lumpur with an amount in dispute of more than RM10 million.
• Represented the main contractor in relation to disputes with the sub contractor and the employer of a project owned by a company related to the Brunei Royal family with an amount in dispute with the sub contractor of more than RM20 million.

Construction & Engineering (Non- Contentious)

• Drafting an engineering services contract for a seawater desalination plant, sewage treatment plant, water reclamation plant and industrial wastewater treatment plant in Saudi Arabia.
• Reviewing and amending the project management consultancy services agreement for the construction of a 31 storey office development.
• Drafting an architectural consultancy services agreement for a project which involves the construction of a factory with a 3 storey office.
• Reviewing amendments to the PAM Standard Agreement and Conditions of Building Contract (with quantities) 1998 for an international serviced residence owner-operator for the purpose of interior design fitting out services.
• Drafting amendments to the PAM Standard Agreement and Conditions of Building Contract (without quantities) 1998 for the construction of a factory with a 3 storey office.
• Drafting amendments to the JKR standard form of a design and build contract (rev 2007) for the construction of a manufacturing facility.
• Drafting an agreement for the supply, delivery, installation, testing, commissioning and training of an air conditioning system for a cleanroom at a research and development laboratory.
• Drafting an agreement for the design, construction and commissioning of a clean room for a research and development laboratory.
• Drafting an agreement for the supply, delivery, installation, testing, and commissioning and support services for a type of software for a telecommunications company.
• Reviewing and amending a sale and purchase agreement for the sale of a piece of land and 25 storey office tower which was to be constructed on the said land.
• Drafting a collaboration agreement between a company carrying out the business of marketing, supplying and distributing home automation, lighting control and architectural dimming solutions and a company that supplies light fittings to promote and market each respective company’s products.
• Drafting of a concession agreement for the procurement of natural fertilizer plant on a BOOT basis.
• Advising a statutory body on the procurement strategy in respect of its various commercial projects and assisting in the drafting of the tender and contract documents together with the guidance notes to the contract terms and the letters and notices required to be issued pursuant to the contract terms.
• Drafting an agreement for the design, supply, construction and completion of the architectural, mechanical and electrical, landscape, civil and structural, land survey, building, sewerage and such other works in relation to a mixed development comprising inter alia retail shops, budget hotel, techno centre, college and service apartments.
• Drafting an agreement for the design, supply, construction and completion of a fatty acid plant.
• Drafting an agreement for the design, supply, construction and completion of a methyl ester plant.

Publications

Authored the following chapters/books:

• Co-author of “Country Handbook on Malaysia” published by Kluwer Law & Taxation Publishers”.

Delivered the following presentations/talks :-

• Chair of a Panel Discussion at the International Construction Law Conference 2010 in Hong Kong on the topic : “Procurement and Conditions of Contract”.
• Speaker at the Malaysian Law Conference 2010 organized by the Malaysian Bar Council on the topic : “Managing Construction Disputes: An overview from Injunctions to Arbitrations”.
• Speaker at Talk organized by the Chartered Institute of Builders on the topic : “Liquidated and Ascertained Damages in Construction Contracts”.
• Speaker at Talk organised by the Society of Construction Law (KL & Selangor), Bar Council and the Chartered Institute of Arbitrators  (Malaysian Branch) on the topic : “Designer’s Liability in Construction Industry”.
• Lecturer at Construction Contracts Course for the Judicial and Legal Training Institute of the Prime Minister’s Department in 2009 on the topic : “Principles of Construction Contracts”.
• Speaker at the KLRCA 30th Anniversary Conference organised by the Kuala Lumpur Regional Centre for Arbitration in 2008 on the topic : “Special Challenges facing Malaysian Companies operating in Developing Countries, and Malaysia as a Neutral Venue for Low Costs Arbitrations”.
• Speaker at the Regional Arbitration Conference organised by the Malaysian Institute of Arbitrators on the topic :  “Challenges in Cross Border Arbitrations. Comity, Culture, Law”.
• Lecturer at Construction Contracts Course for the Judicial and Legal Training Institute of the Prime Minister’s Department in 2008 on the topic : “Principles of Construction Contracts”.
• Lecturer at an International Arbitration Course for the Judicial and Legal Training Institute of the Prime Minister’s Department in 2007 on the topic :  “International Arbitral Awards”.
• Speaker at Conference organised by International Quality & Productivity Centre on Contract Risk Management in Upstream Oil & Gas 2006 on the topic : “Preventing unnecessary disputes with effective contract drafting for trans-national projects”.
• Speaker at Lecture organised by Malaysian Corporate Counsel Association on the topic : “Malaysian Arbitration Act 2005 on International Commercial Arbitration”.
• Speaker at Joint PAM-MIArbs Arbitration Training Course on the topic  :     “Arbitral Regimes in Malaysia: Jurisdiction of Arbitrators, Case Stated and Setting Aside Awards”.
• Speaker at Talk organised by the Bar Council and the Chartered Institute of Arbitrators  (Malaysian Branch) on the topic : “Arbitrator’s Powers in relation to arbitration proceedings  governed by the Arbitration Act 1952”.
• Speaker at Conference organised by The Asia Business Forum on the topic : “The importance of documentation & proper record keeping in the event of a   dispute”.
• Speaker at Lecture organised by The Institution of Engineers, Malaysia on the topic : “Negligence of Engineers in Contracts”.