Ashok is the co-head of the Construction and Engineering practice in Skrine.
He is an experienced dispute resolution lawyer with an extensive experience in Construction, Infrastructure and Energy Project Disputes. He sits regularly as an arbitrator in both ad-hoc and institutional commercial arbitrations.
His active arbitration and dispute resolution practice as Lead Counsel spans a variety of construction, corporate and commercial disputes. His portfolio of work includes advising various multinational companies specialised in their disputes involving civil building construction, the oil and gas industry, aviation, refinery plant maintenance, energy, telecommunication, infrastructure and health maintenance industries.
Ashok was the former Chairman of the Chartered Institute of Arbitrators, Malaysia Branch. He is also on the panel of arbitrators for the Asian International Arbitration Centre (“AIAC”), the Singapore International Arbitration Centre (“SIAC”), the Hong Kong International Arbitration Centre (“HKIAC”) and the International Chamber of Commerce Malaysia (“ICC”). He continues to have numerous appointments as sole arbitrator.
He 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 as he was directly involved in setting out its implications on the arbitral regime in Malaysia.
Key Practice Areas
- Construction Litigation, Arbitration and Adjudication
- Oil and Gas, and Energy Disputes
- Construction Inquiries and Investigations
- Occupational Safety and Health
- Aviation Disputes
As counsel
Acted as lead counsel in court proceedings, arbitration, adjudication and mediation for disputes in the following, but not limited to, Projects:-
- Petronas Twin Towers- Supply, delivery and Installation of Curtain Wall Tower 1 Petronas Towers.
- Kuala Lumpur International Airport 2 (“KLIA 2”) – Work Package TB01: Design, Construction, Testing & Commissioning and Maintenance of Main Terminal Building, Satellite Building, Sky Bridge and Piers
- 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 Minister’s 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”)
As arbitrator
- Sole Arbitrator in an ad-hoc arbitration relating to a construction contract for the 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”.
- Sole Arbitrator in an ad-hoc arbitration relating to a construction contraction for the project known as “Cadangan Membina dan Menyiapkan Klinik Kesihatan Jenis 3 (KK3) Dengan Kuarters, Kepala Batas, Seberang Perai Utara, Pulau Pinang”.
- 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.
- Sole Arbitrator in an ad-hoc arbitration involving the Construction and Completion of Medical Clinic with Quarters in Kepala Batas, Penang, Malaysia.
- Sole Arbitrator in an arbitration under the SIAC rules, involving the supply contract for the sale of Benzene.
- Sole Arbitrator in an ad-hoc arbitration involving the construction of “Phase 1 of the Mimos Headquaters at the Technology Part, Malaysia”.
- Sole Arbitrator in an arbitration involving a construction contract for the works known as “A5GU Hijau Gasoil Project – K004 ISBL Mechanical and Piping Works” located in Port Dickson, Negeri Sembilan.
- Acted as lead counsel for a subcontractor in an application for an injunction to prevent a call on a performance bond in relation to the Ras Tanura Refinery Upgrade Project in Saudi Arabia.
- Acted as lead counsel in a dispute involving the Construction of Petrosa Oil Storage and Distribution Depot Project at Sapangar Bay, Sabah.
- Acted for PETRONAS in a dispute involving the LNG regassification project.
- Acted for Cairn Energy in an application to set aside an arbitration award under a Production Sharing Contract in respect of a Production of Crude Oil and Natural Gas.
- Acted as lead counsel in an arbitration in relation to the construction of a submarine twin box culvert intake head and an enclosure wall for the Sultan Salahuddin Abdul Aziz Power Station in Kapar.
- Acted for the subcontractor in a public enquiry before the Commission of Enquiry to investigate into the landslide incident that took place at a housing development site in Tanjung Bungah, Pulau Pinang. The landslide incident resulted in the fatality of eleven construction personnel.
- Acted for the architect and superintending officer in a public enquiry before the Commission of Enquiry to assist in the investigation of the collapse of the Menara UMNO building at Pulau Pinang.
- Acted for a large multinational cement company in an investigation on an explosion causing the fatality of three employees at a workplace.
- Acted for Malaysia Airports (Properties) in a dispute regarding the design, construction, testing & commissioning and maintenance of the Main Terminal Building, Satellite Building, Sky Bridge and Piers of Kuala Lumpur International Airport 2 (“KLIA 2”).
Qualifications:
- Fellow of Chartered Institute of Arbitrators (2009)
- Advocate and Solicitor, High Court of Malaya (1996)
- Barrister-at-Law (Gray's Inn) (1995)
- LL.B (Hons), Wales (1994)
Professional Affiliations:
- Chartered Institute of Arbitrators (UK)
- Society of Construction Law
- Malaysian Institute of Adjudicators
- Panel Member of Asian International Arbitration Centre (AIAC)
- Panel Member of Singapore International Arbitration Centre (SIAC)
- Panel Member of Hong Kong International Arbitration Centre (HKIAC)
- Panel Member of International Chamber of Commerce (ICC)
Authored the following articles:
- 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.
- 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.
Presented the following talks:
- Speaker, “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.
- Speaker, a paper on Isolating and Resolving Contractual Disputes at 2-day Conference organised by the Asia Business Forum- Prince Hotel November 2008.
- Speaker 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.
- Speaker, “Risk Allocation – in the Construction Industry” at a seminar organised by Lexis Nexis at Prince Hotel, Kuala Lumpur, May 2005.
- Course Director, Tutor, Examiner of the Following Courses conducted by Chartered Institute of Arbitrators.
- Lecturer, Accelerated Route to Fellowship Course.
- Lecturer, Introduction to Arbitration Course.
- Lecturer at International Islamic University for the ADR Society Members.
- Speaker, 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.