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Foo Joon Liang

FCIArb , FSIArb, FHKIArb

Partner

  • Arbitration
  • Boardroom Risk & Reputation
  • Corporate Governance & Compliance
  • Corporate Litigation & Risk Management
  • Construction, Infrastructure & Projects
  • Energy & Resources
  • Regulatory & Compliance
  • Restructuring & Insolvency
  • Advocate and Solicitor of the High Court of Malaya
  • Fellow, Chartered Institute of Arbitrators (CIArb), United Kingdom
  • Fellow, Singapore Institute of Arbitrators (SIArb)
  • Fellow, Hong Kong Institute of Arbitrators (HKIArb)
  • Arbitrator and Adjudicator, Asian International Arbitration Centre (AIAC)
  • Arbitrator, Hainan International Arbitration Court
  • Mediator and Adjudicator, Securities Industry Dispute Resolution Center (SIDREC)
  • LL.B (Hons), University of Nottingham
  • Certificate in Legal Practice (CLP)

English, Malay

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Foo Joon Liang was called to the Malaysian Bar in 2000. He is a Partner at Gan Partnership, a firm he co-founded in 2011. He is a Fellow of the Chartered Institute of Arbitrators (CIArb), United Kingdom, the Singapore Institute of Arbitrators (SIArb), and the Hong Kong Institute of Arbitrators (HKIArb).

Joon Liang currently serves as the Deputy Chairman and Director of the ICC Malaysia Arbitration Committee, and is the Immediate Past Chairman of the Malaysian Branch of CIArb. He sits on the panel of arbitrators and adjudicators of the Asian International Arbitration Centre (AIAC) and is among the first 10 Malaysian appointees to the panel of arbitrators of the Hainan International Arbitration Court. He also sits on the Securities Industry Dispute Resolution Center (SIDREC) Panel of Mediators and Adjudicators.

Joon Liang is listed as a Future Leader in Construction by Who’s Who Legal (WWL), which noted that “Foo Joon Liang has impressive experience in high-value construction disputes across litigation and arbitration proceedings.” He is ranked as a Litigation Star in Construction by Benchmark Litigation and is recommended by the Legal 500 Asia Pacific for Real Estate and Construction.

Over the past 20 years, Joon Liang has developed an active dispute resolution practice encompassing arbitration, litigation, and, more recently, adjudication. He regularly appears as counsel in arbitration proceedings as well as at all levels of the Malaysian courts. His experience covers a broad spectrum of disputes, including those involving engineering, construction, power, contracts, securities, and company and shareholder disputes.

In recent years, Joon Liang has focused on construction disputes involving engineering-related incidents. Among the high-profile cases he has handled are the highly publicised hill slope failure in Penang and a bridge collapse in the Klang Valley. He has acted in several landmark adjudication cases, including the first case under the Construction Industry Payment and Adjudication Act 2012 (CIPAA), which was heard at the Federal Court, and the landmark case of KL Eco City Sdn Bhd v Tuck Sin Engineering & Construction Sdn Bhd & Anor.

Joon Liang is also a regular speaker at conferences and an advocacy trainer with the Malaysian Bar’s Advocacy Training Programme. He has authored several publications on arbitration and dispute resolution and contributed to the book “Law and Practice of Construction Law in Malaysia” (Sweet & Maxwell). He is also a co-author of “Manoeuvring Corporate Governance in Malaysia: Litigation Perspectives” (LexisNexis Malaysia).

Significant Matters

Arbitration

  • Acted for the main contractor against a subcontractor in an arbitration involving, inter alia, damages of approximately RM240 million, arising from the subcontractor’s breach of its contractual obligations, which led to the exercising of step-in rights by the contractor.
  • Acted as an arbitrator in a consolidated development dispute concerning a construction project involving a claim of approximately RM10 million and a counterclaim of about RM38 million.
  • Acted as party representative in a claim concerning a Power Purchase Agreement relating to a power plant in East Malaysia, involving a claim of approximately RM102 million and a counterclaim of RM180 million.
  • Acted as party representative in a construction dispute between a main contractor and an employer concerning an integrated development in East Malaysia, involving a principal claim of approximately RM66 million and a counterclaim of RM44 million.
  • Acted as party representative in a construction dispute between a main contractor and a consultant for the construction of a university campus, involving a sum of approximately RM305 million.
  • Acted in the Federal Court in a landmark case on limitation periods in arbitration, reported as Christopher Martin Boyd v. Deb Brata Das Gupta [2014] 9 CLJ 887.

Adjudication

  • Acted for a subcontractor in a construction claim in the oil and gas sector against the main contractor for a claim of approximately RM40 million.
  • Acted for the Asian International Arbitration Centre (AIAC) in the first constitutional challenge on statutory adjudication, reported as Mega Sasa Sdn Bhd v Kinta Bakti Sdn Bhd & Ors [2020] 4 CLJ 201.
  • Acted in the first adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) decided by the Federal Court, reported as View Esteem Sdn Bhd v Bina Puri Holdings Bhd [2019] 5 CLJ 479.
  • Acted for a subcontractor in a direct payment claim against a developer for approximately RM9 million in the Court of Appeal, reported as CT Indah Construction Sdn Bhd v BHL Gemilang Sdn Bhd [2020] 1 CLJ 75.
  • Defended a main contractor in a claim brought by an M&E contractor under CIPAA 2012 for a sum exceeding RM37 million.

Construction Litigation

  • Acted for a subcontractor against a main contractor for sums due and owing, both in adjudication and court proceedings, including an action for direct payment against the developer.
  • Acted for a leading property developer in Malaysia and successfully struck out a land dispute claim worth approximately RM359 million.
  • Acted for a main contractor in disputes involving land acquisition and the development of the Port Klang Free Zone.
  • Acted for a specialist structural steel contractor in disputes relating to the construction of the Putrajaya Mosque.
  • Represented a consultant engineer in a state commission inquiry investigating the collapse of a temporary slope at an ongoing construction site.

Dispute Resolution

  • Acted for a developer company in a claim of more than RM303 million against a railway company for losses arising from the realignment of railway lines.
  • Acted for a director in defending a claim exceeding RM640 million brought by a world-leading glove manufacturer in a merger and acquisition dispute.
  • Acted for a communications technology company listed on the Main Market of Bursa Malaysia to successfully terminate the winding up of its main subsidiary.

Among others, Joon Liang has been recognized by independent rankers and client testimonials as, inter alia:

  • “Foo Joon Liang has impressive experience in handling high-value construction disputes across litigation and arbitration proceedings.”
  • “Foo Joon Liang precisely prescribes the legal framework to safeguard his clients’ interests.”
  • “As one of the main Principals of the firm, Mr. Foo Joon Liang is not only knowledgeable, but also deeply understands his clients’ requirements and precisely prescribes the legal framework to safeguard their interests.”

Joon Liang has authored and co-authored various publications, including:

  • Manoeuvring Corporate Governance in Malaysia: Litigation Perspectives (LexisNexis Malaysia, 2021)

  • Law and Practice of Construction Law in Malaysia (Sweet & Maxwell, 2021)

  • Global Legal Insights: International Arbitration 2019 – Chapter on Malaysia

  • Getting the Deal Through: Arbitration and Dispute Resolution

     

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