Janice Tay

Partner

Wong & Partners

Kuala Lumpur

T + 60 3 2298 7838
F + 60 3 2282 2669

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Biography

Janice is the head of the International Arbitration and Construction and Engineering teams at Wong & Partners, Baker McKenzie and a Partner in the Dispute Resolution Practice Group. Janice is a qualified Arbitrator, Adjudicator and Mediator, and has appeared as Counsel in all levels of courts.

Janice is active in both local and international markets, covering projects in Malaysia, Singapore, Thailand, India, Hong Kong, Saudi Arabia, Sudan, Vietnam, Singapore and Indonesia amongst others. She was the President of the Society of Construction Law, and remains a director of CIArb Malaysia, a Committee Member of the Malaysian Bar Arbitration and Construction committees, and WIBM (Women in Construction), amongst others. She is a member of Baker McKenzie's Global Diversity Working Group. She also tutors in her spare time, being part of the Malaysian Bar Council Advocacy Training Committee and involved in initiatives such as the arbitration-in- practice workshops conducted by AIAC and CIArb.

She was a graduate from Cambridge prior to being called to the Bar of England and Wales, Malaysia, and has served as a foreign counsel in Singapore.

Recognized in The Legal 500’s Arbitration Powerlist - South East Asia 2022, Chambers, Legal 500 and various notable directories, she is praised for her meticulous and articulate approach.

Practice Focus

Janice is a specialist in adjudication, arbitration, mediation, and litigation, representing clients in various industries, including Construction & Engineering, Energy, Mining & Infrastructure, Oil and Gas, Marine, ESG Disputes, Data Centres, and Commercial Disputes.

Janice is a qualified 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 the Construction Industry Payment and Adjudication ACT 2012 (CIPAA). She sits on the Asian International Arbitration Centre's (AIAC, previously known as KLRCA) panel of adjudicators and mediators and is empanelled with ICC, AIAC, MIArb, SIAC, HKIAC, JCAA, LCIA and BDAC.

Janice is active in both local and international markets. In particular, Janice has advised and represented clients in arbitrations conducted in accordance with various institutionalized rules such as ICC, PAM, AIAC, SIAC, HKIAC, BDAC and IEM and in ad hoc arbitrations, relating to projects in Malaysia, Singapore, Thailand, India, Hong Kong, Saudi, Sudan, Vietnam, Indonesia.

Representative Legal Matters

Janice has had numerous arbitrator appointments. In addition, she has advised and represented clients in both international and domestic arbitrations conducted in accordance with various institutionalised rules such as ICC, PAM, AIAC, SIAC, HKIAC, BDAC and IEM and in ad hoc arbitrations, relating to projects in Malaysia, Singapore, Thailand, India, Hong Kong, Myanmar, Saudi, Vietnam, Indonesia, Sudan.
Janice sits as an Adjudicator and acts as Counsel in 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).
She is also experienced in adjudication disputes under Singapore's Building and Construction Industry Security of Payment Act (SOPA).
Advised and represented the investor on disputes pertaining to allegations of fraud in a joint venture for power plants.
Advised and represent clients in obtaining/ defending disputes (and injunctions) relating to performance bonds/ securities/ guarantees, parent company guarantees and advance securities.
Advised clients on the interpretation and constitution of contracts, e.g. whether lump sum or merely provisional, the inclusion of tax in the contract price, price fluctuations, variations, tests, delay and quantum issues.
Advised in relation to various data centres in relation to the construction, supply, delivery, installation, completion, testing and commissioning, maintenance of equipment. Advised, in particular, on contractual entitlement in relation to gross/ deliberate negligence, willful misconduct and indirect liability claims.
Project Management and due diligence.

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 and Memberships

(FCIArb) Fellow of the Chartered Institute of Arbitrators (Malaysia) (CIArb)
(FMIArb) Fellow of the Malaysian Institute of Arbitrators (MIArb)
(FAIADR) Fellow of Asian Institute of Alternative Dispute Resolution (AIADR)
Adjudicator, on the Panel of the Asian International Arbitration Centre (AIAC)
Mediator, on the Panel of AIAC
Arbitrator, on the Panels of ICC, AIAC, MIArb, SIAC, HKIAC, JCAA, LCIA, BDAC etc
Sports Arbitrator, AIAC

Construction, Adjudication, EMI

Society of Construction Law (Malaysia) - President (2018-2019); Deputy President (2017-2018); Vice President (2016-2017); Secretary (2014-2016)
Malaysian Bar Construction Law Committee - Committee Member (2025)
Women in Construction Committee - A. Secretary (2025)
Construction Court User Working Group Member (2021-2022)
Construction Industry Legal Centre - Member (2020-2022)
Society of Construction Law (Malaysia) - Member
Society of Construction Law (Singapore) - Member
Malaysian Society of Adjudicators - Member

Arbitration

ICC Malaysia Delegation to ICC Commission on Arbitration & ADR 2022- 2024
Chartered Institute of Arbitrators (Malaysia) - Director (2024- 2025)
Chartered Institute of Arbitrators (Malaysia) Young Members Group - Chairman (2025)
Malaysian Bar Arbitration Law Committee - Committee Member (2025)
AIAC's Young Members Group - Member (2020-2023)
Institute of Arbitrators (SIArb) (Singapore) - Member
Malaysian Institute of Arbitrators - Member
Chartered Institute of Arbitrators (Malaysia) - Secretary (2017 - 2018); Committee Member (2014-2017)

Diversity

Wanita Industri Binaan Malaysia (Women in Construction - WIBM) - Member - Committee Member (2025)
Arbitral Women (The International Network of Women in Dispute Resolution) - Member
KL Bar Gender Equality & Diversity - Committee Member (2018-2020)

Corporate Responsibility

Co-lead for Community Outreach Committee (pro bono)
Malaysian Bar Council Advocacy Training Committee, Trainer (2021-2025)
Young Lawyers Committee of the KL Bar - Committee Member (2018-2019)
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

University of Cambridge (Master of Arts (Law)) (2016)
BPP Law School (Bar Vocational Course) (2009)
University of Cambridge (Bachelor's Degree in Law) (2007)

Languages

English
Bahasa Malaysia
Mandarin

Senior 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

Firm Committee Memberships

Baker McKenzie's Asia Pacific Energy, Mining & Infrastructure and Technology, Media & Telecoms Steering Committee Member
Baker McKenzie's Global Diversity Working Group Member

Wong & Partners is a member firm of Baker & McKenzie International, a Swiss Verein.

Related Expertise

Related Legal Updates

Accolades

Janice is “a strategic thinker and a game changer” (Chambers), a “key name for construction and engineering disputes”, and "an experienced arbitrator, adjudicator and mediator" (Legal 500).

She is “an absolute asset”, "an excellent lawyer who is energetic, approachable and knowledgeable", “sensitive to commercial realities and always provides sound practical advice.” (Chambers).

Legal 500 commends her for being "a great leader and able to see the big picture", “Janice Tay stands out for her ability to analyse the issues fast and suggest practical solutions in a fashion way. She exhibits good understanding of clients' issues and provides well-rounded solutions.”, “Janice Tay is astute and provides clear and comprehensive advice.”

Clients testify they “feel reassured to have her fighting in my corner”, and that they are "completely confident in her work” (Chambers and Asialaw Profiles). She is lauded to be "meticulous and articulate", and “think strategically” (Legal 500), and commended by clients to be "practical", "always plans alternative scenarios ahead", very clear about probable outcomes on cases and our concerns" (Chambers and Asialaw Profiles).

Clients commend her for the “thorough review of the client's issues pairing them with local laws and precedents to overcome obstacles and provide solutions to the client.” (Benchmark Litigation).

Janice is recognised by The Legal 500’s Arbitration Powerlist - South East Asia region, and acknowledged in Band 3 in Chambers. Legal 500 accredits her as a “Leading Partner”, being the the strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.

She is nominated as a "Rising Star" in litigation and commercial arbitration by the Euromoney Asia Woman in Business Law Awards and acknowledged as a "Future Star" for construction, international arbitration and dispute resolution by Benchmark Litigation Asia Pacific. She was awarded the Young Lawyer of the Year by the Asian Legal Business Malaysia Law Awards 2021.

Her Construction and Engineering Team is ranked in Tier 1 (Legal 500), Tier 2 (Benchmark Litigation), Tier 3 (Chambers), Highly Recommended (Asialaw). The Disputes Team is recognised as Tier 1 (Legal 500), Tier 4 (Chambers).

Clients commend the team:

“A young, dynamic team who complement each other. They work hard together and foster strong teamwork with all parties involved”

“The Wong & Partners construction disputes team goes the extra mile to understand and relate to a client's risk appetite and culture of its organisation.”

“The team has a very sensible and pragmatic approach to issues and knows the law very well. Going above and beyond, the team was even able to pinpoint lacunas relating to our company's processes through the deep diving of issues at hand and advised ways in which to go about the same.”

“Knowledge of the law and the ability to narrow down legal issues in dispute”

“Industry knowledge and a commercial outlook. Quick turnaround.” (Legal 500)