Jocelyn Lim Yean Tse Partner

Contact
T +603 2081 3999 ext 796
E jocelyn.limyeantse@skrine.com
 

Overview

Jocelyn is a partner of Skrine, with a focus on construction and real estate matters. 

She acts for a wide array of clients, including project owners, main contractors, consultants, sub-contractors and suppliers, in court, arbitration and adjudication proceedings. She also advises in a wide range of projects including rail, airports, power plants, hospitals and other infrastructure projects; data centres and commercial and residential building projects.

Jocelyn has experience in reviewing and drafting of contracts and she is well-versed with all major standard forms of construction and consultancy contracts, including FIDIC, PAM, JKR or Public Works Department (PWD), CIDB, IEM and BEM standard forms. She also advises clients on a wide range of bespoke contracts. 

Apart from the above, Jocelyn sits as an arbitrator and is on the panel of arbitrators of, among others, AIAC. She also sits as an adjudicator, and she is an accredited mediator on the panel of Malaysian International Mediation Centre and Korean Commercial Arbitration Board.

Jocelyn is listed by ALB as one of Malaysia Rising Stars 2022. She has been described by clients as “quick in response and in-depth knowledge of the subject matter” and being “very accessible, knowledgeable and succinct in her advice”; She thinks strategically to develop effective legal strategies, anticipate the opposing party’s moves, assess risks and make solid decisions to achieve the best possible outcome for us while upholding legal and moral principles.

 

Key Practice Areas

  • Construction Litigation, Arbitration and Adjudication
  • Real Estate Disputes
  • Negotiatin / Mediation
  • Construction Compliance and Advisory
 

  • Acted for Solutions Protocol Sdn Bhd in an arbitration against the Government of Malaysia in pursuing a contractual claim of over RM190 million relating to the implementation of a single integrated healthcare information and communication technology (HICT) system at numerous public hospitals nationwide. 
  • Advised and acted for a Malaysian airport operator in an arbitration for a claim of over RM298 million involving various construction issues and professional liability issues relating to Malaysia’s Kuala Lumpur International Airport 2 (klia2) project.  
  • Acting for a main contractor in an arbitration against a developer for a claim of approximately RM50 million relating to a luxury condominium project.
  • Acted for Colas Rail Asia Sdn Bhd and successfully defended a claim in Court relating to a supply contract for the Kelana Jaya Line Extension project.
  • Acted for MCC Overseas (M) Sdn Bhd and successfully defended a claim of over RM50 million relating to a subcontract for a high-rise serviced apartments and hotel project along Jalan Conlay.
  • Acted for a main contractor in an adjudication and arbitration against a developer in pursuing a claim of over RM20 million arising from a PAM 2006 standard form for a mixed development project.
  • Acted for a main contractor in defending claims from a subcontractor arising from PAM subcontract 2006 for a luxury condominium project at Medini, Nusajaya, Johor.
  • Acted successfully for Geopancar Sdn Bhd in the Court of Appeal for its claim of damages under a subcontract for a government building project - Geopancar Sdn Bhd v Visage Engineering Sdn Bhd [2013] 4 MLJ 37.
  • Acted for Chong Chook Yew Sdn Bhd in an adjudication proceeding and in Court, successfully opposed the application to set aside the adjudication decision - Key Projects Resources Sdn Bhd v Chong Chook Yew Sdn Bhd [2023] CLJU 2392
  • Acted for Enra Engineering and Fabrications Sdn Bhd in adjudication for a claim of over RM10 million and in Court, successfully opposed the application to set aside the adjudication decision - Enra Engineering and Fabrication Sdn Bhd v Gemula Sdn Bhd [2019] 10 CLJ 33.
  • Acted for Merger Insight (M) Sdn Bhd in adjudication and in Court, successfully opposed the application to set aside the adjudication decision - BM City Realty & Construction Sdn Bhd v Merger Insight (M) Sdn Bhd [2016] MLJU 1567.

  • Advised one of the parties in the mediation which was conducted pursuant to a multi-tiered dispute resolution clause in relation to a construction agreement.
  • Acted for a main contractor in a court-led mediation in relation to a dispute arising from the termination of a construction agreement.   

  • Acting for a developer in defending claims from almost 70 purchasers arising from the sale and purchase agreements governed by the Housing Development (Control & Licensing) Act 1966. Work highlighted in Chamber’s Asia-Pacific Guide 2024: Malaysia. 
  • Acted for a developer in defending liquidated damages claims arising from the sale and purchase agreements for properties in an integrated hotel-residential-commercial project.
  • Acted for subsidiary of Hunza Group in a dispute with the joint management body involving claims for maintenance charges and sinking fund of over RM55 million.
  • Acted against a developer in Court in a dispute involving outstanding liquidated damages and guaranteed rentals.
  • Acted for a developer in Court in a dispute with the purchasers involving claims for liquidated damages.
  • Acted for a unit owner in a judicial review application relating to the Strate Management Tribunal’s decision regarding inter-floor leakage.
  • General advisory work on issues relating to inter-floor leakage in strata titled buildings. 

  • Advised a Chinese contractor for a claim of over RM130 million relating to Tun Razak Exchange (TRX) Signature Tower.
  • Advised a Malaysian airport operator on issues relating to aeronautical charges and late payment charges.
  • Advising an EPCC contractor on legal issues relating to a solar park in Malaysia.
  • Advising a subcontractor on legal issues relating to a data centre project.
  • Advised the works contractor on the construction and completion of the works relating to the Klang Valley Mass Rapid Transit (KVMRT) project.
  • Advised the consortium, which includes a leading multinational infrastructure company headquartered in the UK, on its bid for the engineering, procurement, construction, testing and commissioning contract for the performance of track works relating to the KVMRT project.
  • Advised an East Malaysia power plant owner on liquidated damages and extension of time issues arising from a backbone transmission line project.
  • General advisory work on a broad spectrum of construction, engineering and infrastructure legal issues including tender, project documentation, statutory registration requirements.

Qualifications:
  • Advocate and Solicitor, High Court of Malaya (2009)
  • Barrister-at-Law (Lincoln’s Inn) (2007)
  • LL.M, University of Northumbria (2008)
  • LL.B (Hons), University of Northumbria (2006)
 
Professional Affiliations:
  • Council Member, Young Singapore International Arbitration Centre (YSIAC)  
  • Advisor, Global Advisory Board of CIICA’s Young Arbitration Group
  • Committee Member, Beihai Asia International Arbitration Centre
  • Panel Arbitrator, Beihai Asia International Arbitration Centre
  • Panel Arbitrator, Borneo International Centre For Arbitration and Mediation
  • Panel Arbitrator, Asian International Arbitration Centre (AIAC)
  • Panel Adjudicator, Asian International Arbitration Centre (AIAC)
  • Panel Mediator, Korean Commercial Arbitration Board (KCAB)
  • Panel Mediator, Malaysian International Mediation Centre
  • Fellow, Chartered Institute of Arbitrators (FCIArb) 
  • Fellow, Asian Institute of Alternative Dispute Resolution (FAiADR)
  • Member, Society of Construction Law Malaysia
  • Member, Malaysian Institute of Arbitrators
  • Committee, Malaysian Society of Adjudicators (2023/2024)
  • Vice President, Malaysian Society of Adjudicators (2018/2020)
  • ICC-YAF representative (Malaysia) (2017/2019)
  • Chair, Young Members Group of CIArb (2015/2017)

Authored the following articles:
  • Co-author, Do the “strict rules of pleadings” apply in adjudication proceedings?, 26 February 2024, click here
  • Author, Housing Development: “Kata Itu Kota 2” (Every Promise Made Must be Honoured 2), 15 December 2023, click here
  • Author, Housing Development: “Kata Itu Kota” (Every Promise Made Must be Honoured), 2 October 2023, click here
  • Author, Federal Court rejects Purchasers’ Leave Application in Bludream City, 11 January 2023, click here
  • Co-author, Statutory Adjudication: Adjudicator’s Frolic is a Breach of Natural Justice, 5 January 2023, click here
  • Author, Statutory Adjudication: Signed, Sealed but not Delivered?, 1 September 2022, click here
  • Co-author, Statutory Adjudication: Five Points to Ponder, 24 August 2022, click here
  • Co-author, The Elephant in the Room: Court of Appeal clarifies Federal Court’s Decision in Ang Ming Lee, 11 February 2022, click here
  • Co-author, A Singaporean Perspective: Recognising an oral variation in the face of No Oral Modification Clauses, 21 January 2022, click here
  • Author, Multi-tiered Dispute Resolution Pre-conditions are Matters within the Jurisdiction of the Arbitrator, click here
  • Co-author, The Continuing Rise of Statutory Adjudications In 2019, October 2020, click here
  • Co-author, Development Since Ang Ming Lee, 23 September 2020, click here
  • Author, Development in Statutory Adjudication in 2018, Skrine’s Legal Insights Issue 02/2019 (republished in ILO’s publication and Lexology on 9 September 2019)
  • Author, Developments in Statutory Adjudication in 2017, Skrine’s Legal Insights Issue 01/2018 (republished in ILO’s publication on 21 May 2018)
  • Author, The Development of Statutory Adjudication in Malaysia, Skrine’s Legal Insights Issue 04/2016 (republished in International Law Office’s publication on 26 June 2017)
  • Co-Author, the South Asia Chapter on the Shifting Trends in Arbitration, ICC Dispute Resolution Bulletin, Issue 3/2017
  • Author, Rough Justice, Skrine’s Legal Insights Issue 03/2013 
  • Author, Aligning Arbitration in India with International Practice, Skrine’s Legal Insights Issue 04/2012, click here
  • Panel author for LexisNexis’ newly launched Lexis PSL
Presented the following talks, webinars and podcasts:
  • Speaker, Adjudication: Understand CIPAA, Malaysia Property Law Conference 2023, 18-19 October 2023
  • Speaker, Adjudication: Paving the Way Forward for Construction Disputes in Malaysia, Bar Council NYLPC Conference, 11 February 2023
  • SkrineCast/Podcast Episode 10 | Real Estate: How to set up Gated and Guarded Community ?, 3 February 2023, click here
  • Speaker, Disputes in Construction Industry, Selangor Bar Committee webinar, 27 October 2022
  • Moderator, Sailing Southeast: Malaysia as the Agora of International Arbitration, AIAC ADR Week 2022, 6 October 2022
  • Speaker, Evolution and Innovations in Dispute Resolution, BAIAC Symposium, 24 November 2022
  • Speaker, Building a Leading Arbitration and Mediation Practice in Asia Pacific, BAIAC webinar, 28 September 2022
  • Speaker, Navigating Construction Disputes: Managing Construction Disputes, KL Bar Council webinar,  24 July 2022 
  • SkrineCast/Podcast: Construction Tool Kit - Tips For Overcoming The Pandemic, 14 February 2022, click here
  • Speaker, "Work in Progress Series, Working on: #SocialDistancing", webinar organised in collaboration with WeCan Academy, 31 July 2021
  • Speaker, "Fight, Flight or Freeze?: Online Dispute Resolution During the Covid-19 Pandemic", KL Bar Young Lawyer Committee webinar, 10 June 2021
  • Speaker, “How Can Construction Industry Players Survive the Impact of Covid-19?” webinar, 7 April 2020
  • Speaker, “Covid-19 Pandermic: Government’s Attempts to Reduce the Impact – How Effective Would They Be” webinar, 18 November 2020
  • Moderator, “Careers in Arbitration: Practical Tips for Young Lawyers” CIICA’s webinar, 26 August 2020
  • 主讲人,“疫情下的投资马来西亚”, Lex Mundi与思纪龄律所协办网络研讨会, 2020年8月5日 / Speaker,  “Investing in Malaysia under COVID-19” webinar, 5 August 2020
  • 主持人, “如何将挑战变成投资机会”网络研讨会, 2020年5月20日 / Moderator, “Post Covid-19 in Malaysia – How to Turn Challenges to Investment Opportunities?” webinar, 20 May 2020
  • 主讲人,“雇主和建筑业界人士该如何挺过新型冠状肺炎所带来的冲击” 网络研讨会, 2020年4月15日 / Speaker, “Employers and Construction Industry Players Survival Kit for COVID-19” webinar, 15 April 2020
  • Speaker, International Chambers of Commerce (ICC) Young Arbitrators Forum South Asia Regional Conference 2018, Goa India, 7-9 December 2018
  • Speaker, International Chambers of Commerce (ICC) Young Arbitrators Forum, 2 March 2018
  • Speaker, International Chambers of Commerce (ICC) Young Arbitrators Forum, 17 March 2017 
  • Speaker, Chartered Institute of Arbitrators’ International Arbitration Conference 2017, Dubai, 8-9 March 2017
  • Organising Chair, 1st Regional Conference of the Young Members Group of CIArb (Malaysia Branch), 19 August 2016
 

  • Listed by Asian Legal Business as one of Malaysia Rising Stars 2022.
  • Jocelyn possesses extensive knowledge in resolving construction field disputes. She understands our needs and concerns. She demonstrates empathy by actively listening, showing compassion, and providing support throughout the legal process. She thinks strategically to develop effective legal strategies, anticipate the opposing party’s moves, assess risks and make solid decisions to achieve the best possible outcome for us while upholding legal and moral principles. In addition, she expresses ideas clearly and argues convincingly in court.  - asialaw Profiles 2023
  • She is a competent and dedicated lawyer. Knows her stuff but at the same time not afraid to admit the need to undertake further research before providing her opinion on certain matters.  - asialaw Profiles 2021
  • Quick in response and in-depth knowledge of the subject matter.  - asialaw Profiles 2021
  • Solid technical advice and strategy. - asialaw Profiles 2021