Rodney Gomez

Practice Areas

Infrastructure & Projects

Engineering & Construction

Dispute Resolution

Arbitration & Mediation

Career

Rodney has significant experience of 30 years at the Malaysian Bar being involved in matters relating to arbitration, adjudication, conciliation, mediation, and litigation matters involving construction contracts, consultancy agreements, engineering contracts, infrastructure projects, procurement contracts, and project management and implementation. He is presently the head of the firm’s Infrastructure & Projects practice group as well as the Engineering & Construction practice group.

Rodney also has a wealth of experience in planning and development as well as the management of public-private partnerships, private finance initiatives and other related issues that arise in the area of infrastructure and construction related projects.

Rodney appears frequently as an Arbitrator in construction and engineering disputes, and as Counsel in all levels of the Malaysian Courts. He has also appeared in international arbitration proceedings, international adjudication proceedings as well as several mediation proceedings. With the introduction of the Construction Industry Payment and Adjudication Act, 2012, he also now acts as Adjudicator and as Counsel in adjudication proceedings.

In addition to the above, Rodney has also regularly assisted clients in drafting construction and engineering contracts and has provided advice on project implementation of numerous building and engineering contracts in areas such as light rail transport, facility for biodiesel plants, power plant facilities, residential housing, telecommunication towers, etc.

Professional Memberships

• Member, Malaysian Bar

• Member, International Bar Association (IBA)

• Member, ASEAN Law Association of Malaysia

• Member, Society of Construction Law (Malaysia)

• Panel Member, the Arbitrators and Adjudicators at the Asian International Arbitration Centre (AIAC)

• Fellow, the Chartered Institute of Arbitrators (FCIArb), the Malaysian Institute of Arbitrators (FMIArb) and the Malaysian Society of Adjudicators (FMSAdj)

Publications

•Co-authored the Malaysian Chapter of the Chambers Global Practice Guide-International Arbitration (2020)

•Chapter 7 of Commencement of Arbitration in the publication, Arbitration in Malaysia – A Practical Guide (2016)

Languages Spoken

English, Malay

Experience

Rodney has handled many high profile matters for local and international clients in arbitration and Court related matters, a few significant matters are set out below:

Litigation and Arbitration

• Terengganu Forest Products Sdn Bhd v Cosco Container Lines Co Ltd & Anor and other applications [2011] 1 MLJ 25

Appeared as Counsel in the Federal Court in the landmark decision setting out the principles applicable to an application for leave to appeal to the Federal Court.

• The MRT2 Project

Acted as Counsel for this matter in both the arbitration and court proceedings, involving a dispute relating to a sub-contract entered into for the Systems Work Package SSP-SY-205 Engineering, Procurement, Construction, Testing & Commissioning of Power Supply and Distribution System (“MRT2 Project”). This case is important as it involves public interest works, namely the construction of the Mass Rapid Transit Line 2 (Sungai Buloh – Serdang – Putrajaya), which is a Federal Government initiative. Rodney has successfully defended the client in the arbitration proceedings against a claim made in the region of RM80 million.

• Central Residence, mixed development project

Acted as lead Counsel for Yuk Tung Construction Sdn Bhd in a dispute arising out of the Sub-Contract, amongst others, claiming for a sum of RM105,388,169.39 being alleged outstanding amounts due under the contract, variation works, damages arising out of wrongful termination, loss and expenses incurred. This matter is important as it concerns an area of law which have not been decided in Malaysia, mainly can a party, who had not applied for extension of time, argue that an imposition of liquidated damages by another party is wrong on the ground that there is purported concurrent delay.

• Government of India

Led a team that represented the Indian government in applications to set aside arbitration awards amounting to USD200 million.

Advisory

• Prasarana Malaysia

Advised Prasarana Malaysia on the template agreement supplemental agreements for its Light Rail Transit line extensions.

Education

Awards