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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 and Adjudication. He has extensive experience in both advisory and advocacy aspects in these areas and has been involved in both international and domestic arbitrations held under the auspices of the AIAC, SIAC, ICC and LMAA rules.

Aniz sits both as an Arbitrator and as an Adjudicator on various construction disputes. He is also actively involved in the drafting aspects of major infrastructure projects.

Practice Areas

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

Experience

Aniz's experience include:

  • Acted for custodian in a suit instituted by a fund manager, insurance company and pensions fund involving losses in excess of RM36m.
  • Acted for building owner in a suit instituted against employers and contractors for damages caused in the region of RM4m.
  • Advised the main contractors on disputes with the owner relating to a USD239m contract on an oil development project in Sudan.
  • Acted 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.
  • Advised the employers on disputes with their consultants relating to the provision of building lighting consultancy services.
  • Advised insurers on liability and quantum in respect of damage to 3rd party property and acting for insurers in the related suit.
  • Advised a petroleum company on exposure to claims pursued by various parties on projects in Malaysia and Sudan.
  • Acted for the purchasers in a suit by vendors of duplex stainless steel piping materials.
  • Acted for the shareholders in a suit surrounding the ownership of a 1400MW coal fired independent power plant.
  • Advised the contractor on disputes in respect of a contract for the construction and completion of a sewer network in Saudi Arabia.
  • Advised 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.
  • Advised insurers on liability in respect of flood damage to LRT trains estimated to be in the region of RM12million.
  • Acted for the buyer in arbitration instituted by the seller in connection with the supply of palm oil.
  • Advised the owner on disputes with the contractor on a 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.
  • Advised the developer/owners of lands in respect of the Bukit Antarabangsa landslide.
  • Advised the contractor on a consultancy agreement for securing the award of an extension of an oil development project in Sudan.
  • Acted for the insured in a suit against the insurer under a fire policy.
  • Advised the contractor on claims under a contract for works of revamping of well platforms in fields off the coast of India.
  • Advised 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 the 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 the 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. Currently acting as Counsel at the Kota Kinabalu High Court where the partial award is being challenged.
  • Acted for the charterer against the 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 in respect of a breach of a joint venture agreement.
  • Acted 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 RM250 million in an arbitration and currently acting as Counsel for the challenge of the Final Award.
  • 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 Light Rail Transit Line 3 Project (LRT3) and suspension of the High-Speed Railway (HSR) project.
  • 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.
  • Acted 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.
  • Acted as Counsel for a major developer in respect of numerous actions filed by purchasers for liquidated damages.
  • 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 on the enforcement and registration of an SIAC Award in Malaysia against parties involved in the gaming industry in Laos.
  • Acted as Counsel for numerous 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.
  • Appointed as Adjudicator in respect of a dispute between main contractor and sub-contractor involving numerous variation orders amounting to RM6million.
  • Acted as Co-Counsel for a sub-contractor against the main contractor at the Court of Appeal arising out of adjudication proceedings involving a dispute in the region of RM5 million.
  • Acted as Co-Counsel before the Federal Court for a review application in respect of a recent adjudication decision.
  • Appeared as Co-Counsel at the High Court, Court of Appeal and currently at the Federal Court acting for receivers and managers in respect of a dispute on whether there was a concluded contract for the purchase of land and properties in the region of RM90 million and law of tender.
  • Acted as Counsel in opposing a winding up action and a stay pending arbitration application in respect of a shareholders’ dispute at the High Court, Johor Bahru.
  • Acting as Counsel in defending a main contractor against a sub-contractor in respect of various claims in an arbitration concerning a mix development project in Penang.
  • Acting as Counsel for a sub-contractor against the main contractor involving the extension of time, prolongation costs and liquidated damages in respect of a mixed development project in Johor Bahru.
  • Acting as Co-Counsel before the Court of Appeal in respect of a tenancy dispute at a shopping center in Kulim.
  • Acting as Co-Counsel before the Court of Appeal in respect of a dispute involving the Joint Management Body of a major shopping center in Malacca.
  • Acting as Counsel at a Court of Appeal in respect of an application for leave to appeal and appeal proper in respect of a seizure and sale of properties.
  • Acted as Counsel in a winding up proceedings in respect of loan facility of US$3,725,000.00 against a company involved in the business of vessel operations.
  • Acting as Co-Counsel for a main contractor in respect of Section 42 Arbitration Act 2005 application against the sub-contractor involving a secondary technical school in Sepang owned by the Ministry of Finance.
  • Acting as Co-Counsel for leave to appeal to Federal Court on questions of law arising out of four (4) different adjudication decisions.
  • Acting as Co-Counsel for leave to appeal to Federal Court on questions of law relating to the registration and enforcement of arbitration awards.
  • Acted as Counsel for adjudication proceedings for non-payment of professional fees for engineering work done.
  • Appointed as Arbitrator by the AIAC in respect of a dispute involving employer and main contractor relating to delay, defects and liquidated damages.
  • Acting as Counsel for a leading petrochemical company based in Iran in to act as counsel in court proceedings in Malaysia involving disputes amounting to in the region of USD$74 million.
  • Adjudicator in respect of a construction dispute between employer and main contractor in respect of a mixed development project in the State of Penang.

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
  • Member of the Chartered Institute of Arbitrators, United Kingdom
  • Fellow of the Malaysian Institute of Arbitrators
  • Fellow of the Asian Institute of Alternative Dispute Resolution

Professional Appointments

    Panel of Arbitrators

    • Asian International Arbitration Centre
    • International Chamber of Commerce (ICC), Malaysia

    Panel of Adjudicators

    • Asian International Arbitration Centre

    Current

    • Committee Member of the Arbitration & Construction Law Committee, Bar Council Malaysia
    • Committee Member of the ICC Malaysia Arbitration Committee

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
  • Author of “Incorporation of an Arbitration Agreement” published by Current Law Journal, 2017
  • Co-authored chapter on “Interaction of Laws in International Arbitration: An Asian Perspective” in Jurisdiction, Admissibility and Choice of Law in International Arbitration, Liber Amicorum Michael Pryles, Wolters Kluwer, 2018
  • 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 the Construction Law Committee, Bar Council in 2016-7 in Johor Bahru, Penang and Kuala Lumpur
  • Speaker at the Asian Regional Meeting Singapore in May 2017 organized by the IADC
  • Speaker at the IBA APAG International Arbitration Training Day organised by the IBA Asia Pacific Arbitration Group in Hanoi, Vietnam in November 2017
  • Speaker at the “First Asian Conference for Students and Young Practitioners” organised by the AIAC in February 2018
  • Speaker at the “Masterclass on the use of Experts in International Arbitration” organised by the AIAC in March 2018
  • Moderator for the ASIA ADR Week, May 2018 by the AIAC
  • Speaker at “The Fundamentals of International Legal Business Practice” organised by the IBA Asia Pacific Regional Forum in Jakarta, Indonesia in August 2018




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