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 President 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 Arbitration and Construction Law Committee. She is a Fellow of the Chartered Institute of Arbitrators and is empanelled with AIAC as an adjudicator and arbitrator.
Key Practice Areas
- Construction Litigation and Arbitration
- Construction Inquiries and Investigations
- Adjudication
- Construction Project Management
- 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 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 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.
- Represented 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 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)
- 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
- 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:
- President, Society of Construction Law Malaysia
- Committee Member, Bar Council Arbitration and Construction Law Committee
- Member, Malaysian Inner Temple Alumni Association
- Fellow, Chartered Institute of Arbitrators (FCIArb)
- Panel Arbitrator, AIAC
- Panel Adjudicator, AIAC
- Mediator
Publications:
- Author, Federal Court; Adjudication decision that has been enforced cannot be stayed, Skrine Alerts (republished on Lexology), April 2024
- Co-author, “Do the strict rules of pleadings apply in adjudication proceedings”, Skrine Alerts, February 2024
- Author, commentary of High Court case of Setia Fontaines Sdn Bhd v Pro Tech Enterprise Sdn Bhd (OS No. PA-24C-10-03/2022), CIDB Construction Law Report (2023 Edition), September 2023
- 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:
- Speaker, Taxation of costs in arbitration- principles and practice, Borneo International Centre for Arbitration and Mediation, June 2024
- Speaker, Understanding Loss and Expense Claims in Adjudication, Adjudicator Continuing Competency Development, AIAC, May 2024
- Speaker, Case Updates on Sections 15 and 16 of CIPAA organised by the Bar Council Arbitration and Construction Law Committee, September 2023
- Speaker, Pre-arbitration Assessment organised by Bar Council Arbitration and Construction Law Committee, May 2023
- Speaker, Your Next Investment in Construction Projects, AIAC YPG Conference, March 2023
- Speaker, Night School on Construction Adjudication 101 organised by Kuala Lumpur Bar Young Lawyers Committee, November 2022
- Speaker, Rapid Fire Debate on CIPAA 2012, Asia ADR Week organised by AIAC and moderated by Federal Court Judge, YA Dato’ Mary Lim, October 2022
- Panel Speaker, “Adjudication Cases- Major Development in 2021/2022” organised by L2-iCON and moderated by Kuala Lumpur Construction Court Judge, YA Dato Hajah Aliza Sulaiman, July 2022
- Speaker, Workshop on “Navigating Construction Disputes Series” organized by the Kuala Lumpur Bar, May 2022
- Speaker, Seminar on “Construction Disputes: Making a Claim and Recent Developments” organized by the Society of Construction Law Malaysia and Construction Industry Legal Centre, April 2022
- Speaker, Episode 2 of SkrineCast on “Construction Tool Kit- Overcoming the Pandemic”, February 2022
- "She provides commercially savvy advice and excels in drafting documents", Benchmark Litigation Asia-Pacific 2024
- Ranked as “Up and Coming” in Construction- Malaysia by Chambers and Partners in its Asia-Pacific Guide 2024
- "Loshini has demonstrated deep understanding of the complexities involved. Her ability to collaborate effectively with engineers and other professionals makes her an excellent asset for handling intricate construction-related matters." – Chambers and Partners, 2024
- "Her advice is clear and concise and assists the client with making informed decisions. She is definitely a recommended solicitor for legal disputes."- Chambers and Partners, 2024
- “Ivan Loo and Loshini Ramarmuty listen to and understand our issues well, giving us sound advice. They are very accessible and attentive to our matters.” – Legal 500, 2024