JTay Resized

Janice Tay

Partner
Wong & Partners
  • Kuala Lumpur

Biography

Janice is a partner in the Dispute Resolution Practice Group at Wong & Partners (member firm of Baker & McKenzie International). She has served as a foreign counsel in Singapore with Baker McKenzie's Wong & Leow.

Janice is the current President of the Society of Construction Law (Malaysia), and a Committee Member of the Malaysian bar Construction Law Committee, the Malaysian Bar Arbitration Committee and Women in Construction Industry (WIBM). She contributed to Malaysia’s First Supplement to the Delay & Disruption Protocol published by the Society of Construction Law (Malaysia) and remains a member of the Drafting Committee.

Janice is an Arbitrator, Adjudicator and Mediator. She is a Fellow of the Chartered Institute of Arbitrators (Malaysia) (CIArb), Malaysian Institute of Arbitrators (MIArb), and the Asian Institute of Alternative Dispute Resolution (AIADR). She is a qualified Adjudicator for adjudication disputes under CIPAA. She is on the Asian International Arbitration Centre's (AIAC, previously known as KLRCA) panel of arbitrators, adjudicators and mediators and on MIArb Panel of Arbitrators, SIAC Reserved Panel of Arbitrators.

Practice Focus

Janice's expertise lies in Construction and Engineering. She regularly advises and assists international and local clients on construction law in Malaysia. Her portfolio includes litigation and appearances in all levels of the courts.

Representative Legal Matters

  • Arbitrator for several construction disputes under AIAC (previously known as KLRCA) and SIAC relating to projects in Malaysia and Singapore.

  • Advised and represented clients (international and domestic) in both international and domestic arbitrations conducted in accordance with the ICC, PAM, AIAC, SIAC, HKIAC and IEM rules of arbitration and in ad hoc arbitrations, relating to projects in Malaysia, Singapore, India and Hong Kong.

  • Adjudicator and Counsel for several adjudication disputes involving construction contracts pertaining to retention sums, variation claims, loss and expense, defective claims and delay damages under Malaysia's Construction Industry Payment and Adjudication Act 2012 (CIPAA).

  • Experienced in adjudication disputes under Singapore's Building and Construction Industry Security of Payment Act (SOPA).

  • Advised and represented clients (international and domestic) on a myriad of construction issues such as delay and disruption claims, Extension of Time Claims, Variation Claims, Loss of Expense issues, the registration of foreign consultants, injunctions on bank guarantees/ performance bond claims, retention sum claims, quality issues, termination.

  • Advised on disputes pertaining to engineering services for the supply of process topsides systems and engineering services for offshore work. Advised on, amongst others, warranties, condition precedents and claims pertaining to retention sums, acceleration costs and backcharges.

  • Advised and represented a main contractor on its rights and liabilities with regards to the subcontractor and employer in a construction dispute and pertaining to issues of defective works, delayed delivery and unpaid sums owed.

  • Advised and represented a utilities company in arbitration proceedings in relation to technical and complex issues of fact and law.

  • Advised a multinational onshore and offshore service provider in a disputes in relation to a high-profile oil and gas development project.

  • Advised and represented a contractor in dealing with issues pertaining to the design, procurement and construction of a semi-submersible floating production system.

Professional Honors

  • Named "Future Star" for Dispute Resolution by Benchmark Litigation Asia Pacific 2018

Professional Associations and Memberships

  • Society of Construction Law (Malaysia) - President (2018- 2019) ; Deputy President (2017 - 2018); Vice President (2016 - 2017); Secretary (2014 - 2016)
  • Chartered Institute of Arbitrators (Malaysia) - Secretary (2017 - 2018); Committee Member (2014 - 2017)
  • Chartered Institute of Arbitrators (Malaysia) Young Members Group - Committee Member (2017- 2019)
  • Malaysian Bar Arbitration Law Committee - Committee Member (2018- 2019)
  • Malaysian Bar Construction Law Committee - Committee Member (2018- 2019)
  • KL Bar Gender Equality & Diversity - Committee Member (2018- 2019)
  • Wanita Industri Binaan Malaysia (Women in Construction - WIBM) - Member - Committee Member (2019)
  • Young Lawyers Committee of the KL Bar- Committee Member (2018- 2019)
  • Society of Construction Law (Singapore) - Member
  • Institute of Arbitrators (SIArb) (Singapore) - Member
  • Malaysian Institute of Arbitrators- Member
  • Arbitral Women (The International Network of Women in Dispute Resolution) - Member
  • Malaysian Society of Adjudicators - Member
  • Cambridge University Malaysia Society (Alumni Network) - Member
  • Oxford & Cambridge Society Malaysia - Member
  • Migrants, Refugees & Immigration Affairs Committee of the Malaysian Bar - Committee Member (2015 - 2017)

Admissions

Malaysia (2009)
England & Wales~United Kingdom (2008)

Education

Cambridge University, UK (MA) (2016)
Cambridge University, UK (BA) (2007)

Language

English
Bahasa Malaysia

Publications

  • Contributor, CIDB Construction Law Report 2016, 2019
  • Co-author, Malaysia Chapter of the International Comparative Legal Guide to Construction & Engineering Law 2018
  • Contributor, Maxwells Construction Adjudication Reports of Malaysia 2018
  • Contributor, Digest publication by the Society of Construction Law (Malaysia)