Eric Gabriel Gomez Associate

Contact
T +603 2081 3999 ext 904
E eric.gomez@skrine.com
 

Overview

Eric is an associate in the Construction and Engineering practice, with particular experience in aviation disputes and construction disputes.
 

 

Key Practice Areas

  • Civil and Commercial Litigation
  • Construction Litigation, Arbitration and Adjudication
  • Aviation Disputes
 

  • Acted as junior counsel for an airport operator in multiple successful high-profile civil suits against major airline companies concerning outstanding passenger services charges in excess of RM40 million (Malaysia Airports (Sepang) Sdn Bhd v AirAsia X Bhd [2020] 11 MLJ 709). 

  • Acted as junior counsel for an airport operator in successfully opposing the first judicial review leave application filed by major airline companies against the nation’s economic aviation regulator, the Malaysian Aviation Commission (AirAsia Berhad & Anor v Malaysian Aviation Commission & Anor [2019] 1 LNS 1317).

  • Acted as junior counsel in a successful negligence trial wherein we represented a leading gas infrastructure and utility company in a civil suit resulting from the unlawful discharge of industrial effluent onto our client's land, which caused the corrosion and leakage of a gas pipeline (Petronas Gas Bhd v DWZ Industries (Johor) Sdn Bhd [2020] 2 CLJ 694). 

  • Acted as junior counsel for a private limited company in defending an ongoing civil suit involving claims valued at RM480 million from a major airline company for alleged breach of contract and negligence.

  • Acted as junior counsel in a successful trial wherein we successfully defended the majority of a civil suit filed against a government-linked company involving claims valued at approximately RM70 million in relation to the upgrading works at the Penang International Airport. (Syarikat Pembinaan Anggerik Sdn Bhd v Malaysia Airports Holdings Bhd [2021] MLJU 2522). 

  • Acted as junior counsel for a main contractor in an ongoing arbitration for a claim in excess of RM 20 million relating to a PAM 2006 standard form construction contract for a mixed development project.

  • Acted as junior counsel in a CIPAA 2012 adjudication on behalf of the Employer in respect of a dispute arising from the construction of a hotel in Johor Bahru.

Qualifications:
  • Advocate and Solicitor, High Court of Malaya (2018)
  • Barrister-at-Law (Lincoln’s Inn) (2017)
  • LL.B (First Class Honours), University of Reading (2015)
Professional Affiliations:
  • Founding Member, Young Society of Construction Law Malaysia.
  • Member, Bar Council Constitutional Law Committee (2021/2022).

Publications
  • Author, Aviation Law Chapter, Bullen & Leake & Jacob's Malaysian Precedents of Pleadings (2nd Edition), (September 2020).
  • Author, “Game of Drones: Part 2”, (26 November 2021).
  • Author, “What can MAVCOM do if AirAsia X does not reimburse its passengers for the value of tickets purchased?”, (19 November 2021).
  • Author, “MAVCOM greenlights Malaysia’s first airline competition-related merger case”, (27 September 2021).
  • Author, “Merger Control within the Malaysian Aviation Industry”, (18 August 2021).
  • Author, “Refusal of Recusal: High Court reaffirms high threshold for recusal applications”, (17 June 2021).
  • Author, “Star Laws – The Bill Awakens”, (17 March 2021).
  • Author, “Court of Appeal determines that the deadline for the delivery of an arbitral award is jurisdictional”, (18 February 2021).
  • Author, “High Court orders the release of Pakistan International Airlines aircraft”, (29 January 2021).
  • Author, “Game of Drones”, (14 July 2020).
  • Author, “High Court Issues Key Judgment for Aviation Service Providers”, (3 July 2020).
  • Author, “Air passenger rights curtailed by COVID-19 pandemic”, (13 May 2020).
Talks
  • Moderator, "An Overview of the Construction Industry in Malaysia", Young Society of Construction Law Malaysia in collaboration with the AIAC and the University of Westminster (January 2020).
  • Moderator, "CIPAA Simplified: A Practical Guide to Construction Adjudication", Young Society of Construction Law Malaysia in collaboration with the AIAC (May 2020 & June 2021).
  • Speaker, "Introduction to Aviation Law", Skrine Professional Development & Knowledge Management Programme (December 2019 & April 2021)