Janice Tay

Biography

Janice is the head of the International Arbitration and Construction and Engineering teams and a partner in the Dispute Resolution Practice Group at Wong & Partners.

Janice is a qualified arbitrator, adjudicator and mediator, and is empanelled with ICC, AIAC, MIArb, SIAC, HKIAC, JCAA and LCIA. She has advised and represented clients in arbitrations conducted in accordance with various institutionalised rules such as ICC, PAM, AIAC, SIAC, HKIAC and IEM and in ad hoc arbitrations, relating to projects in Malaysia, Singapore, Thailand, India, Hong Kong, Saudi, Sudan, Vietnam, Indonesia.

Janice is recognised in The Legal 500’s Arbitration Powerlist - South East Asia region, 2022.

She is lauded by Legal 500 as "meticulous and articulate," "a key name for construction and engineering disputes; she is an experienced arbitrator, adjudicator and mediator." Janice is commended by clients as being "very clear about probable outcomes on cases and our concerns" (in Asialaw Profiles). She was awarded Young Lawyer of the Year by the Asian Legal Business Malaysia Law Awards 2021. She is acknowledged as a "Future Star" for construction, international arbitration and dispute resolution by Benchmark Litigation Asia Pacific and nominated as a "Rising Star" in litigation and commercial arbitration by the Euromoney Asia Woman in Business Law Awards.

Her Construction and Engineering Team is ranked in Tier 1 (Legal 500), Tier 2 (Benchmark Litigation) and Highly Recommended (Asialaw). The Disputes Team is recognised as Tier 2 (Legal 500). Janice is also ranked for Construction in Chambers Asia Pacific 2024 with client interviewees noting that "she is an excellent lawyer who is energetic, approachable and knowledgeable."

Janice was the president of the Society of Construction Law and is the current co-chair of Chartered Institute of Arbitrators (Young Members Group) (CIArb). She is a delegate with the ICC Malaysia Delegation to ICC Commission on Arbitration & Alternative Dispute Resolution and is a committee member of the Malaysian Bar Arbitration Committee and the Malaysian Bar Construction Committee, amongst others. She also tutors in her spare time, being part of the Malaysian Bar Council Advocacy Training Committee, and is involved in initiatives such as the arbitration-in-practice workshops conducted by AIAC and CIArb.

Janice is a committee member of Baker McKenzie's Asia Pacific Energy, Mining & Infrastructure and Technology, Media & Telecoms Steering Committee and is part of Baker McKenzie's Global Diversity Working Group.

Representative Legal Matters

• Acting and advising the national multi-modal public transport operator owned by the Malaysian Ministry of Finance on disputes relating to the operations and maintenance of a major mass rail transit project in Saudi Arabia.
• Advising a multinational construction company based on South Korea in a dispute against the client’s previous employer and various subcontractors. This matter is unique given its highly technical and complex issues, involving various heavy weight counsels and solicitors and in various dispute resolution forums.
• Arbitrator for a dispute pertaining to a construction project of comprising of three levels of shopping outlets and eight levels of basement carparks under the AIAC Arbitration Rules.
• Advised and represented the investor on disputes pertaining to allegations of fraud in a joint venture for power plants.
• Advising a client in the marine construction industry in a dispute a involving the construction of perimeter bund/sea wall involving sea-land reclamation of a 760-acre area on the northeast coast of Penang. It concerns the reclamation of land inon the shore of Penang and involves the determination of the cause of the slippages of the perimeter bund due to sea conditions, particularly the ground conditions of the seabed. Various technical experts are involved to provide opinions on geotechnical analysis, wave and wind analysis, and on the designs provided by the consultant geo-technical engineers.
• Advising a renewable energy company in contentious disputes in relation to two solar projects located in Kelantan and Kedah. The matter is unique as it concerns a rare application for injunction pending arbitration against not only contractual counter-parties but also a third party in relation to unlawful termination of service agreements. The two solar projects bearing potential of 30-MegaWatt each form part of the "Large Scale Solar Programme" rolled out by the Energy Commission Malaysia.
• Acting for a Malaysian leading district cooling and electricity distribution infrastructure company in two separate arbitrations concerning the selling and supply of chilled water at a fixed capacity and range of temperature. This matter not only requires technical understanding but also involves interesting and complex cross arbitral jurisdictional issues.
• Advised and represented a contractor in a project worth approximately RM 1.2 billion in the construction of a landmark multi-tower project in Kuala Lumpur in relation to a dispute pertaining to external façade works. Engaging in multiple construction issues such as delay analysis, quantum issues, defects and rectification works.
• Successfully represented an oil and gas company in making a claim for variation orders and demobilization costs pursuant to an agreement to lease mobile offshore production units, and obtained one of the largest sums awarded in adjudication proceedings, in the region of USD 255 million.
• Successfully obtained adjudication decisions in relation to the Pengerang Gas pipeline project in Johor for work done, variation orders, acceleration costs, loss and expense claims and retention sums, and is defending against claims of liquidated ascertained damages.

Professional Honors

• Ranked for Construction in Chambers Asia Pacific 2024
• Recognised By Legal 500's Arbitration Powerlist - South East Asia region (2022)
• Awarded Young Lawyer of the Year by the Asian Legal Business Malaysia Law Awards (2021)
• Acknowledged as a "Future Star" for Construction, International Arbitration and Dispute Resolution by Benchmark Litigation Asia Pacific (2021)
• Nominated as a "Rising Star" in Litigation and Commercial Arbitration by the Euromoney Asia Woman in Business Law Awards (2021)
• Janice's Construction and Engineering Team is ranked Tier 1 by Legal 500, Tier 2 by Benchmark Litigation and Highly Recommended by Asia Law
• The Disputes Team is recognised as Tier 2 by Legal 500

Professional Associations & Memberships

Admissions

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

Education

• Master of Arts (Law), University of Cambridge

Language

• English
• Bahasa Malaysia
• Mandarin

Publications

• Expert contributor and author for the Law and Practice of Construction Law in Malaysia
• Contributor to the CIDB Construction Law Reports 2016, 2019, 2020, 2021
• Contributor to the Construction Adjudication Reports of Malaysia 2018
• Tutor for the Arbitration-In-Practice Workshop Series by AIAC and CIArb
• Speaker in AIAC's International ADR Week (the CIPAA Conference) 2016, 2017, 2021
• Speaker in the International Construction Week 2017 and Contributor to the International Construction Week Book 2017