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Aniz Ahmad Amirudin

Partner
Year of Call
2005
Advocate & Solicitor T +603 2726 3700 D +603 2726 3706
F +603 2726 3733 E aniz@cecilabraham.com

Overview

Aniz Ahmad Amirudin is a partner at Cecil Abraham & Partners specialising in Construction & Infrastructure as well as Arbitration. He has extensive experience in both advisory and advocacy aspects in these areas. He is presently involved in the drafting of contracts for a number of the larger infrastructure projects in Malaysia, including the on-going Light Rail Transport 3 Project, where he acts for the project delivery partner.

He is primarily involved in construction disputes and has been involved in both international and domestic arbitrations held under the auspices of the KLRCA, SIAC, ICC and LMAA rules.

Practice Areas

  • Corporate and Commercial Disputes
  • Construction and Infrastructure Disputes
  • Commercial Arbitration
  • Adjudication

Experience

Aniz's experience include:

  • Acting for custodian in a suit instituted by a fund manager, insurance company and pensions fund involving losses in excess of RM36m.
  • Acting for building owner in a suit instituted against employers and contractors for damages caused in the region of RM4m.
  • Advising the main contractors on disputes with the owner relating to a USD239m contract on an oil development project in Sudan.
  • Acting for an employer against the main contractor in an application to set aside an arbitration award in respect of a RM33.2m medium cost apartment project in Shah Alam and acted as Counsel in the related garnishee proceedings.
  • Advising the employers on disputes with their consultants relating to the provision of building lighting consultancy services.
  • Advising insurers on liability and quantum in respect of damage to 3rd party property and acting for insurers in the related suit.
  • Advising a petroleum company on exposure to claims pursued by various parties on projects in Malaysia and Sudan.
  • Acting for purchasers in a suit by vendors of duplex stainless steel piping materials.
  • Acting for shareholders in a suit surrounding the ownership of a 1400MW coal fired independent power plant.
  • Advising the contractor on disputes in respect of a contract for the construction and completion of a sewer network in Saudi Arabia.
  • Advising the contractor on disputes with the subcontractors in respect of a contract for the construction of a sewage treatment plant and central sludge facility in Jelutong, Penang.
  • Advising insurers on liability in respect of flood damage to LRT trains estimated to be in the region of RM12million.
  • Acting for the buyer in arbitration instituted by the seller in connection with the supply of palm oil.
  • Advising the owner on disputes with the contractor on an RM1 billion contract for the engineering, procurement, construction and commissioning of lubricant plant in Melaka.
  • Acted in an ICC arbitration brought by a logistics contractor for USD2.8m against the employer.
  • Advising the developer/owners of lands in respect of the Bukit Antarabangsa landslide.
  • Advising the contractor on a consultancy agreement for securing the award of an extension of an oil development project in Sudan.
  • Acting for insured in a suit against the insurer under a fire policy.
  • Advising the contractor on claims under a contract for works of revamping of well platforms in fields off the coast of India.
  • Advising the contractor on rights and obligations on contracts for procurement & fabrication of jackets and EPC of 2 platforms.
  • Advising the contractor on the collapse of the roof in a stadium in Kuala Terengganu.
  • Advised the insured in a potential suit against the insurer under a CAR policy in respect of the landslide in Frasers Hill.
  • Acted for the rescue contractor in litigation with the employer relating to final payment on an army quarters package in the Klang Valley.
  • Advised the main contractor in a potential suit against the sub-contractor on works relating to a water treatment plant in Wilayah Serian Samarahan, Sarawak.
  • Acted for the national tennis association in a suit for breach of contract.
  • Acted for the insured in a suit against the insurer under an event policy.
  • Advised insurer on disputes between insurer and employer under a professional indemnity insurance policy in respect of the extension of the port at Tanjung Pelepas, Johor.
  • Acted for the contractor in arbitration proceedings with the employer on a water supply scheme in Kota Bahru.
  • Acted for the employer in arbitration proceedings with the contractor on the construction and completion of a hotel and related works in Putrajaya.
  • Advising the contractor in respect of the design, execution and completion of a wastewater treatment plant in Sabah with the owner.
  • Advised the largest electric utility company in Malaysia in respect of limitation of claims from developers.
  • Acted for purchasers in a suit for breach of a license agreement in respect of a computer software programme.
  • Advising a subcontractor on claims against a main contractor on a fabrication services contract for an oil & gas project.
  • Acting for the owner in an arbitration on disputes with an architect in respect of a development in Sabah.
  • Acting for charterer against disponent owners in respect of a ROB claim under the LMAA Rules in London.
  • Advised a train service provider in respect of claims brought by an engineering service provider for claims exceeding RM20million under the SIAC Rules in Singapore.
  • Acted for a main contractor in setting aside an Award exceeding RM35 million at the High Court and Court of Appeal.
  • Acted as Counsel for a main contractor in a dispute involving back to back terms at the High Court.
  • Acted as Counsel at the Court of Appeal in respect of a breach of a joint venture agreement.
  • Acting for various creditors against one of the major steel providers in Malaysia.
  • Acted as Counsel for a main contractor at a leave application stage at the Court of Appeal and appeal at the Federal Court involving back to back terms.
  • Acted as Counsel for an independent power producer against a state electricity provider in a claim amounting to RM150 million in an arbitration in Sabah.
  • Acted as Counsel for a foreign buyer of a vessel against one of the largest banks in Malaysia in respect of floating charges at the Court of Appeal and Federal Court stage.
  • Advised a port operator in respect of their contractual remedies against cargo owners.
  • Advising on the upcoming Light Rail Transit Line 3 (LRT3) from Bandar Utama to Johan Setia
  • Advising one of the leading international providers of commercial vehicles in respect of their commercial agreements.
  • Advised one of the largest architecture firm in respect of the legality and the enforceability of entering into contracts in Malaysia.
  • Acting as Counsel for one of the largest engineering consulting firm in respect of third party proceedings commenced by the employer for conspiracy and negligence.
  • Advised a Dutch company on the termination of a Distributorship Agreement with a local distributor.
  • Acting as Counsel for a major developer in respect of numerous actions filed by purchasers for liquidated damages.
  • Acted as Adjudicator in respect of a dispute of non-payment between main contractor and sub-contractor.
  • Advised a Main Contractor in respect of potential disputes relating to work programs, extension of time and variation claims in respect of a rail contract worth in excess of RM1 Billion.
  • Acted as Counsel for one of the largest Japanese companies based in Australia against a local Korean company for disputes relating to fabrication of steel and injunction proceedings in Malaysia for the Swan River Pedestrian Bridge project in Perth.
  • Advised for the enforcement and registration of a SIAC Award in Malaysia against parties involved in the gaming industry in Laos.
  • Acting as Counsel for fifty-two (52) Singaporean purchasers of a commercial property located in Malacca in respect of disputes against the developer and the architect relating to the validity of the certification of practical completion and liquidated damages.

Expertise

  • Corporate and Commercial Disputes
  • Construction and Infrastructure Disputes
  • Commercial Arbitration
  • Adjudication

Qualifications

  • LL.B. (Hons), Middlesex University
  • LL.M. International Commercial Law, University of Nottingham
  • Bar Vocational Course, BPP Law School
  • Barrister-at-Law of the Honourable Society of Lincoln's Inn
  • Advocate & Solicitor of the High Court of Malaya
  • Associate Member of the Chartered Institute of Arbitrators, United Kingdom

Professional Appointments

    Current

    • Committee Member of the Arbitration & Construction Law Committee, Bar Council Malaysia
    • Committee Member of the ICC Malaysia Arbitration Committee
    • Panel Adjudicator, Kuala Lumpur Regional Centre for Arbitration

Publications & Talks

  • Commentator on "Learning from Decided Construction Cases and Commentaries" for 2015, 2016 and 2017 for Construction Industry Development Board Malaysia
  • Co-author of 'Applicable Procedural Law For Recognition And Enforcement Of Arbitral Awards' in Malaysia for Global Arbitration Review in 2016
  • Co-contributor for "Interaction of Laws in International Arbitration" for Arbitration in Malaysia, A Practical Guide, 2016
  • Speaker at the Practical Construction Law Seminar organized by the Advocates' Association of Sarawak in 2016
  • Speaker at the Practical Construction Law seminar organized by Construction Law Committee, Bar Council in 2016-7 at Johor Bahru, Penang and Kuala Lumpur
  • Speaker at the Asian Regional Meeting Singapore in May 2017 organized by IADC.




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T +603 2726 3700 F +603 2726 3733 E general@cecilabraham.com | www.cecilabraham.com
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