Eric is a litigation and arbitration lawyer in the firm’s Construction and Engineering practice. His portfolio includes construction litigation, arbitration and adjudication on a wide array of projects including major infrastructure works such as airports and highways.
Eric also has extensive experience in aviation disputes and has acted as junior counsel in landmark aviation cases at all tiers of the Malaysian courts.
Eric is named as an expert contributor for the Aviation Law chapter in Bullen & Leake & Jacob's Malaysian Precedents of Pleadings (2nd Edition) and recently served as the Chairperson of the Young Society of Construction Law Malaysia.
Key Practice Areas
- Civil Litigation
- Commercial Litigation and Arbitration
- Aviation Disputes
- Construction Litigation, Arbitration and Adjudication
- Acted as lead counsel in successfully opposing an application to set aside an arbitration award valued in excess of RM30 million related to a mixed development project in Penang.
- Acted as junior counsel for a leading gas infrastructure and utility company in a successful negligence trial involving 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 leading highway developer in successfully opposing a civil suit which sought to challenge a compulsorily land acquisition based on purported non-compliance with the Land Acquisition Act 1960.
- Acted as junior counsel for a leading highway developer in opposing numerous ongoing judicial review applications
- Acted as junior counsel for a private limited company in opposing an ex-parte injunction order which restrained the calling of an irrevocable and unconditional bank guarantee valued at RM12 million.
- Acted as junior counsel for a private limited company in opposing civil suits involving the alleged frustration of advertising concession agreements due to the Covid-19 pandemic.
- Acted as junior counsel for a municipal council in opposing a judicial review application.
- Various interlocutory and execution proceedings including, amongst others, summary judgment, striking out, stay of execution, third party intervention, fresh evidence, garnishee and further and better particulars.
- 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 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 for an airport operator in opposing the first ever case in Malaysia involving a mandatory injunction for the grounding of an aircraft.
- Acted as junior counsel for a government-linked company in a successful trial 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 [2022] 9 MLJ 391).
- Acted as junior counsel for a main contractor in a successful arbitration for a claim in excess of RM20 million against an employer for unlawful termination relating to a mixed development project in Penang.
- Acted as junior counsel for a main contractor in an ongoing arbitration for a claim in excess of RM7 million against a sub-contractor for purported unpaid value of works, loss of profits and loss & expense relating to a high-profile project in Kuala Lumpur. As part of this arbitration, successfully obtained one of the first ever Summary Determination Awards in Malaysia pursuant to the AIAC Arbitration Rules 2021, which was subsequently upheld by the High Court.
- Acted as junior counsel for a large multinational company in an ongoing civil suit related to the development of one of the most well-known theme parks and entertainment hotspots in the country.
- Acted as junior counsel on behalf of an employer in a CIPAA 2012 adjudication involving a dispute arising from the construction of a hotel in Johor Bahru.
- Provided extensive project management services for a leading highway developer in relation to the construction of a high-profile expressway.
- Provided project management services for a private limited company in relation to the construction of an audio-visual system for an auditorium.
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:
- Chairman, Young Society of Construction Law Malaysia (2022/2023).
- 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, “Court of Appeal provides guidance on back-to-back contracts, conditional payment and breach of natural justice”, (3 January 2023).
- Author, “The AIAC issues one of its first awards via Summary Determination”, (26 October 2022).
- Author, “MAVCOM sets out its proposals for key aviation charges”, (22 August 2022).
- 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).
- Author, “High court clarifies aviation regulator's dispute resolution jurisdiction”, (18 July 2019).
Talks
- Speaker, "Building A Career In Construction Law", Young Society of Construction Law Malaysia in collaboration with ALSA BAC and BAC Law Society (29 November 2022).
- Speaker, “Debunking Myths in ADR”, Skrine Professional Development & Knowledge Management Programme (7 October 2022).
- Moderator, “Construction Tool Kit – Tips for Overcoming the Pandemic”, SkrineCast Episode 2 on Spotify (February 2022).Moderator, "CIPAA Simplified: A Practical Guide to Construction Adjudication", Young Society of Construction Law Malaysia in collaboration with the AIAC (May 2020 & June 2021).
- 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).
- Speaker, "Introduction to Aviation Law", Skrine Professional Development & Knowledge Management Programme (December 2019 & April 2021).