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Shearn Delamore & Co.

Rodney Gomez

Rodney Gomez

Partner

Expertise

  • Arbitration & Mediation
  • Dispute Resolution
  • Engineering & Construction
  • Infrastructure and Projects

WSG Practice Industries

Activity

Profile
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.

Bar Admissions

► England & Wales (1989)
► Malaysia (1990)

Education

► LL.B (Hons), University of West London (formerly known as Ealing College of Higher Education)
► Barrister-at-Law, Middle Temple
► Advocate & Solicitor, High Court of Malaya
Areas of Practice

Arbitration & Mediation | Dispute Resolution | Engineering & Construction | Infrastructure and Projects

Professional Career

Significant Accomplishments

► Asian-Mena Counsel (2020) - External Counsel of the Year for Malaysia
► Asialaw Leading Lawyers (2013 and 2016) - "Leading Lawyer" in Dispute Resolution and Litigation
► Asialaw Leading Lawyers (2017 - 2019) - "Market Leading Lawyer" in Dispute Resolution and Litigation, Projects and Infrastructure
► Asialaw Leading Lawyers (2020 and 2021) - "Distinguished Practitioner" in Construction
► Asia Business Law Journal (2020) - one of Malaysia's Top 100 Lawyers
► Chambers Asia-Pacific (2010 - 2013) - "Band 2" Lawyer in Dispute Resolution: Construction
► Chambers Asia-Pacific (2014 - 2021) - "Band 3" Lawyer in Dispute Resolution: Construction
► The Legal 500 Asia-Pacific (2019 and 2020) - "Leading Individual" in Dispute Resolution
► The Legal 500 Asia-Pacific (2012, 2015 - 2017 and 2020) - "Recommended Lawyer" in Real Estate and Construction
► The Legal 500 Asia-Pacific (2014, 2015, 2016, 2017 - 2020) - "Recommended Lawyer" in Projects and Energy
► International Law Office: Client Choice Awards (2018) - recognized for Construction for Malaysia Jurisdiction
► Expert Guides (2017 - 2020) - "Leading Practitioner" in Construction
► Who's Who Legal (2015 - 2018) - an "Expert" in Construction
► Who's Who Legal (2019 and 2020) - "Global Leader" in Construction

Professional Associations

► 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)
► Malaysian Society of Adjudicators (FMSAdj)


Professional Activities and 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.
Articles

The Legal 500 Country Comparative Guides: Malaysian Chapter, International Arbitration
Shearn Delamore & Co., December 2021

Dear valued clients, colleagues and friends, Our Arbitration and Mediation partners Rabindra S. Nathan, Rodney Gomez and K. Shanti Mogan have co-authored the Malaysian chapter of The Legal 500 Country Comparative Guides: International Arbitration 2021.   The Arbitration Act 2005 (“AA 2005”) applies to arbitration in Malaysia...

Chambers Global Practice Guides: International Arbitration 2021
Shearn Delamore & Co., October 2021

1. General 1.1 Prevalence of Arbitration Litigation continues to be the primary method of resolving disputes in Malaysia, for both domestic and international disputes. This is not expected to change in the near future...

Shearn Delamore & Co. Legal Update February 2021
Shearn Delamore & Co., February 2021

DISPUTE RESOLUTIONWide order of injunction sought against online marketplace operator refused in the High CourtE-commerce has become an indispensable part of the country’s economy particularly with the Covid-19 pandemic. With its growing demand come legal challenges which are novel to Malaysia.Recently, our Dispute Resolution Partners K...

Additional Articles

► 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).


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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