Loshini is a disputes partner in the Construction and Engineering practice and her portfolio focuses on construction litigation, arbitration and adjudication. Loshini advises and represents clients on various aspects of construction and engineering projects, from contract administration to dispute avoidance and resolution. She is also experienced in domestic arbitration, arbitration related applications before the Malaysian Courts and litigation concerning construction, engineering, oil & gas, and energy contracts.
Loshini is the Vice Chairperson of the Society of Construction Law Malaysia, past Chairperson of the Young Members Group of the Chartered Institute of Arbitrators (Malaysia Branch) and Committee Member of the Bar Council Construction Law Committee. She is a Fellow of the Chartered Institute of Arbitrators and is an AIAC panel adjudicator.
Key Practice Areas
- Construction Litigation and Arbitration
- Construction Inquiries and Investigations
- Adjudication
- Construction Project Management
- Representing one of Malaysia’s largest highway concessionaires in an AIAC arbitration in a dispute concerning the construction of a highway, which is valued at approximately RM100 million
- Representing a public listed company in an AIAC arbitration concerning claims arising from the construction of a cooling water pump house for a 2 x 300 MW power plant with an amount in dispute of approximately RM36 million.
- Representing a joint venture company between a leading construction and infrastructure company and Malaysia’s Armed Forces Fund Board against the Government of Malaysia in a dispute arising from termination of railway project with a contract sum of RM4.48 billion.
- Representing a public listed company in a series of disputes concerning claims arising from the construction of a mixed development involving serviced apartments and office towers with an amount in dispute of more than RM200 million.
- Representing a public listed company against the developer in an application for specific performance of 190 sale and purchase agreements executed between the developer and contractor valued at approximately RM200 million.
- Representing an airport operator against the main contractor in a dispute concerning the development and upgrade of the Penang International Airport, with an amount in dispute of approximately RM60million.
- Represented an airport operator against the main contractor in a dispute concerning the development of a low-cost termination and associated works at klia2, with a contract value of more than RM1 billion. The dispute was successfully resolved through ad hoc mediation.
- Represented a subsidiary of a Malaysian construction company in an ad hoc arbitration in a dispute concerning the construction of a mixed development involving one block shopping mall and two office tower blocks with an amount in dispute of more than RM100 million.
- Represented a Malaysian company in an ad hoc arbitration against a government body concerning disputes arising from the construction of a solid waste treatment plant with an amount in dispute of more than RM40 million.
- Represented a Government linked oil and gas corporation against the rig owner in a dispute for claims arising from breach of contract and negligence due to collision of a rig.
- Advised a leading oil and gas company in relation to the suspension of a licence to undertake upstream consulting work pursuant to an EPCIC Alliance for an LNG Regasification Facilities Project which involved the engineering, procurement, construction management, installation and supervision of the design and construction of a LNG Regasification Unit.
- Represented an employer, a subsidiary of a Malaysian construction company against the contractor in an adjudication concerning disputes relating to the construction of a shopping mall.
- Representing a contractor against the employer in an application to set aside the adjudication decision pursuant to section 15 of CIPAA.
- Represented the employer, one of the largest owner and operator of premier tourist resort, against the contractor in an adjudication concerning construction and design of a resort project.
- Represented the employer, one of the largest owner and operator of premier tourist resort, against the contractor, in an application to successfully set aside the adjudication decision pursuant to section 15 of CIPAA (Reported at [2020] MLJU 344]
- Appointed by AIAC to act as an adjudicator in disputes under CIPAA 2012
Performance Bond
- Represented one of Malaysia’s largest highway concessionaires in successfully dismissing an injunction application from one of its main contractors to restrain the call on a performance bond. The value of the project was more than RM300 million (Reported at [2019] MLJU 620).
- Represented a multinational company in successfully dismissing an injunction application from one of its contractors to restrain the call on a performance bond. The dispute was in relation to the piling, raft foundation and associated works for the Tun Razak Exchange Lifestyle Quarter with a contract value of approximately RM140 million (Reported at [2019] MLJU 566)
- Representing project owners, developers and contractors in carrying out project management by providing support on a day-to-day basis by reviewing, drafting and advising on issues arising from the construction contract and the project.
- Represented the architect in a Commission of Inquiry set up by the Chief Minister of Penang to inquire into the cause of collapse of the UMNO Tower.
- Advised the subcontractor in a Commission of Inquiry set up by the Chief Minister of Penang to inquire into the cause of the failure of temporary structures at Tanjung Bungah.
Qualifications:
- Advocate and Solicitor, High Court of Malaya (2011)
- LL.M, University of Manchester (2011)
- Barrister-at Law (Inner Temple) (2009)
- LL.B (Hons), Cardiff University (2008)
Professional Affiliations:
- Vice Chairman, Society of Construction Law Malaysia
- Committee Member, Bar Council Construction Law Committee
- Member, Malaysian Inner Temple Alumni Association
- Fellow, Chartered Institute of Arbitrators (FCIArb)
- Panel Adjudicator, AIAC
- Mediator
Publications:
- Co-author, Halsbury’s Laws of Malaysia on Building and Construction (2021)
- Co-author, “Key Changes- Draft AIAC Arbitration Rules”, CLJ Law Legal Network Series [2021] 1 LNS (A) civ
- Co-author, “ Federal Court restates the law on deposits and damages clauses – Cubic Electronics Sdn Bhd (in liquidation) v Mars Telecommunications Sdn Bhd [2019] CLJ 723, Skrine Legal Insights, 2019
- Author, Arbitration (Amendment) (No.2) Bill 2018- Skrine Legislation & Regulatory Update 6/18
- Panel author, on the topic of mediation, LexisNexis PSL, 2017.
- Co-author, “A commentary on the Malaysian Court of Appeal case of Chain Cycle Sdn Bhd v Government of Malaysia”, Chartered Institute of Arbitrators, Malaysia Newsletter, 2016
- Author, “CIPAA: Backward or Forward?”, Skrine’s Legal Insights, 2015
Talks/Webinars:
- Moderator, “Enforcement of Adjudication Decisions; Sections 28 to 30 of CIPAA 2012” organized by the Bar Council Construction Law Committee
- Speaker, “What is ADR?” organized by the Chartered Institute of Arbitrators Malaysia, 2021
- Panel Speaker, “Introduction to International Arbitration and the CIArb” organised by the Malacca Bar, 2020
- Panel Speaker, “ADR in Practice – Understanding the Trade and Practice” organised by Brickfields Asia College and YMG of CIArb Malaysia, 2020
- Panel Speaker, “ A career in Alternative Dispute Resolution” organised by Taylor’s Law Society and YMG of CIArb Malaysia, 2020