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Construction Site

Been there.
Done that.

PROJECTS.

 

CY has been involved as advisor or counsel in some of the largest projects in Asia.  Notable ones include:

 

•            LPG/LNG Plants in South East Asia

•            International Airports in Hong Kong, Singapore, Brunei

•            The Circle Line Mass Rapid Transit system (Singapore)

•            The Downtown Line Mass Rapid Transit system (Singapore)

•            The Thomson-East Coast Mass Rapid Transit system (Singapore)​

•            The North-South Corridor (Tunnel)

•            Hong Kong’s West Rail Project (KCRC)

•            Hong Kong’s East Rail Project (KCRC)

•            The Singapore Flyer

•            Commercial, residential and public developments in Singapore, Malaysia and Hong Kong

•            The Tsing Ma Bridge (Hong Kong)

•            The Ting Kau Bridge (Hong Kong)

•            Major petrochemical facilities in Singapore, Malaysia and Brunei

•            Paper & pulp facilities in Indonesia

•            Bakun Dam in Malaysia

•            The Deep Tunnel Sewage System (Hong Kong)

•            Hong Kong Housing Authority projects

•            IT and software infrastructure projects in Singapore

•            Project to install/upgrade country-wide mobile telephony systems (Malaysia & Australia)

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ARBITRATIONS.[1]

 

Singapore and South East Asia

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  • Advising and representing Main Contractor in international arbitration proceedings against Government entity in an Asian country. Disputes arose from the design and construction of an international aviation facility – claims exceed US$20 million

  • Advising and representing owner in arbitration proceedings with Japanese Main Contractor to resolve disputes arising from the design and construction of a major tourism engineering facility in Singapore. Claims and cross-claims exceed US$100 million

  • Advising and representing sub-contractors in arbitration and other formal dispute resolution proceedings against Korean Main Contractor to resolve disputes arising from Thomson-East Coast MRT project

  • Advising Swedish main contractor in disputes with Employer arising out of the design and construction of the Circle Line MRT project. Claims and cross-claims exceed US$200 million

  • Representing the contractor in several arbitrations with sub-contractors arising out of a major civil engineering project in Singapore

  • Advising Employer in disputes with Main Contractor arising out of the design and construction of airport hangars located in an Asian aviation hub

  • Defending a US$30 million+ claim against the employer (a global petrochemical company) by an European contractor in respect of design and construction of petrochemical facilities in Brunei. 1-week mediation followed by arbitration

  • Advising the International Consortium in respect of its rights and remedies under the Engineering, Procurement and Construction Contract entered into with Government interests in respect of the design and construction of a hydroelectric plant in Malaysia

  • Advising international consultants in their bid for a gas-powered water treatment facility

  • Advising the Employers in defence of a US$40 million claim from the Contractor arising out of the construction of a major petrochemical plant in Malaysia.

  • Acting for major Indonesian paper manufacturers in a dispute on the construction and performance of a paper mill in Indonesia.

  • Advising major Hong Kong developer in a dispute with a specialist sub-contractor in respect of their commercial development in Singapore.

  • Defending a US$80 million+ claim against major Japanese developer in respect of design and construction of petrochemical facilities in Singapore

  • Acting for a major German construction / infrastructure conglomerate in a dispute with an US Joint Venture in respect of claims for delays and disruptions caused to the construction of a major aromatics plant in Singapore

  • US$6 million+ claim by a major UK contractor arising out of an undersea pipeline project in Singapore, involving claims by and against a Singapore statutory utility provider and a Singapore sub-contractor, respectively, including claims for liquidated damages for delay

  • Major claim by a Japanese main contractor arising out of a large tunnel project in Malaysia, relating to unforeseen ground conditions and alleged inadequate design; contract provided for arbitration at the Singapore International Arbitration Centre

  • Advice to a major European construction consortium in a large undersea tunnel project in Europe, for unforeseen ground conditions

  • Advising Japanese contractor in respect of its disputes with the employer arising out of a residential development in Singapore

  • Acting for a major Singaporean contractor in a High Court suit for more than S$12 million involving defects in the construction of a MRT station in Singapore

  • Advising major Japanese main contractor in a dispute involving the construction of a major commercial building in Singapore arising out of unforeseen ground conditions 

  • Acting for local contractor in defending an appeal to the Singapore Court of Appeal involving the construction of an industrial building in Singapore

  • Acting for French contractor in a dispute involving works in a major international hotel / commercial office building in Pontiac Marina, Singapore

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Hong Kong

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  • Advising International Contractor in respect of multi-million dollar claims arising out of unforeseen ground conditions in a tunnelling project in Hong Kong

  • Advising a major listed contractor in Hong Kong on disputes and mediation arising out of a major country-wide underground tunnelling project in Hong Kong. Claims exceed US$50 million

  • Advising global Japanese engineering consortium on disputes arising out of a building project in Hong Kong.  Claims up and down the contractual line amount to more than US$20 million

  • Advising listed contractor in an arbitration arising out of a major rail network in Hong Kong

  • Advising a Hong Kong listed contractor in more than US$20 million claims and cross-claims arising out of the construction of a residential development in Hong Kong. Arbitration hearing stretched over 4 months and was one of the longest ever hosted by the Hong Kong International Arbitration Centre

  • Advising Japanese-Hong Kong Joint Venture in respect of their disputes with the Hong Kong rail authority

  • Advising governmental authority on major claims arising out of defective piles in a number of nearly completed blocks of flats

  • Acting for Main Contractor in a dispute arising out of piling designs in a commercial development in Hong Kong. Dispute involved complex technical (geotechnical and design) issues requiring the use of 4 experts

  • Advising Contractor in an arbitration arising out of the construction of a major bridge in Hong Kong linking the international airport to the main island

  • Acting for major British contractor in a dispute involving a claim of more than HK$100 million in respect of reclamation works in Hong Kong

  • Acting for sub-contractor in a complex dispute in relation to the construction and assembly of the constituent units in a major bridge in Hong Kong with claims and cross-claims in excess of US$80 million

  • Advising a consortium of financial institutions in a dispute arising out of a call on a default performance bond. Disputed issues include defaults arising out of a piling main contract and claim is for more than US$25 million

  • Acting for a contractor in an appeal to the Court of First Instance against an arbitration award on issues of law

  • Acting for contractor in a dispute with Employer in relation to delays and disruptions caused to a residential development on the Peak in Hong Kong

  • Acting for a public-listed contractor and drafting construction contract (and related documents) in respect of  housing projects

  • Acting for various Hong Kong listed Employers / contractors in drafting construction contracts / tender documents for use in building / civil engineering / information technology projects Acting for Government interests in the design, construction and operation of a water treatment facility in China

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IT / Telecommunications 

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  • Representing international service and equipment suppliers in ICC arbitration proceedings in Geneva to resolve disputes arising out of a project to design, supply, install and commission a nation-wide 2.5G networks infrastructure project in an Asian country. Amounts in dispute exceed US$130 million

  • Representing major international contractor in disputes arising out of the implementation of a state-wide 3G networks infrastructure project in Asia

  • Representing international design-build contractor in arbitration proceedings arising out of mobile telephony system in Asia. Amounts in dispute in excess of US$100 million

  • Representing mobile telephone equipment supplier in an arbitration to resolve disputes arising out of a project in China

  • Reviewed all infrastructure project documentation of leading mobile / fixed line telecommunications service provider in Hong Kong with a view to advising on potential liabilities and pitfalls

  • Advised  IT services provider in disputes arising out of system integration projects in Asia

  • Advised and drafted interconnection agreements for leading Singapore fixed line / mobile telecommunications service provider operating in Hong Kong

  • Reviewing and advising international contractor on IT and contractual issues arising out of PRC Automatic Fare System for the Guangzhou Metro Project and the PRC Electronic Fare Collection System for Guangzhou City Public Transportation

  • Reviewing all infrastructure project documentation of a leading airline in Asia with a view to identifying potential liabilities 

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[1] Excludes court and adjudication proceedings. As all arbitration proceedings are confidential, details of the clients, contract packages and projects have been removed in compliance with confidentiality obligations.

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ADJUDICATIONS.

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CY has been retained as counsel to advise and represent contractors in mounting or defending claims in numerous adjudication proceedings instituted under the Building and Construction Industry Security of Payment Act. Disputes arise from major civil engineering and building projects in Singapore.

 

He is typically involved from start (preparation of the payment claims / payment response and adjudication papers) to finish (attendance at and making arguments on behalf of claimants / respondents; enforcing adjudication determinations). He has also acted for contractors in review adjudication proceedings and arbitration / court proceedings to challenge and overturn the effects of adjudication determinations.

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