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Asya Jamaludin

Counsel

CMS Cameron McKenna Nabarro Olswang (Singapore) LLP
7 Straits View #19-01
Marina One East Tower
Singapore 018936
Languages English, Malay

Asya is a Counsel with CMS Singapore. Her main practice areas are in the construction and energy sectors, where she advises across the value chain – from providing front-end advice on energy and engineering, procurement and construction projects, to providing dispute avoidance and resolution advice. Asya also practices in the general commercial, international trade and commodities sectors. 

Asya advises and acts for clients in international commercial arbitrations subject to various arbitral rules, including ICC, SIAC, LMAA, UNCITRAL, LCIA and SCMA. She also sits as an arbitrator and is a member of the KLRCA panel of arbitrators.

Asya has served as the Chairperson of the Law Society of Singapore Alternative Dispute Resolution Committee since 2022.

Asya is admitted in Malaysia and Singapore. She is also a Fellow of the Chartered Institute of Arbitrators.

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"an emerging talent in offshore construction matters."

Legal 500 Asia Pacific, 2018

"great industry knowledge and client engagement."

AsiaLaw

Relevant experience

  • A national oil company in relation to disputes arising out of an agreement to enter into a series of sale & purchase agreements for the medium term supply of LNG in Southeast Asia
  • An international oil & gas service provider in relation to VAT issues arising out of the services agreement for an FPSO offshore Vietnam
  • An international dredging contractor in a Singapore seated SIAC arbitration in relation to disputes arising out of the dredging and reclamation work for the construction of a 2 x 700MW coal fired power plant in Malaysia
  • An international Korean Main Contractor in a Singapore seated ICC arbitration in relation to claims arising out of the provision of Heat Recovery Steam Generators and Mechanical & Piping Works for a 2 x 400MW Combined Cycle Power Plant.
  • An international engineering professional services firm with respect to issues arising out of architectural services related to the construction of a mass rapid transit line in Singapore.
  • A biotechnology company in in relation to the construction of an mRNA manufacturing plant in Southeast Asia.
  • A datacentre provider in relation to the construction of a 30MW hyperscale data centre in India.
  • Arbitrator in in a dispute related to a contract for the provision of operation and implementation services of mechanical and electrical systems of an infrastructure building.
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Education

  • 1997 – LL.M, University of Nottingham, Nottingham, UK
  • 1996 – LL.B, University of East Anglia, Norwich, UK
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Feed

07/03/2024
Renewable energy in Vietnam
1. Introduction Having propelled from being one of the world’s poorest nations to a middle-income economy in one generation, the Socialist Republic of Vietnam (“Vietnam”) is one of the fastest growing...
19/12/2023
Meeting the Decommissioning Challenge in Southeast Asia
Following on from our previous Law Now on the decommissioning regime in the UK (see our Law-Now here and here, this Law-Now considers the issues and challenges facing the offshore decommissioning sector...
01/06/2023
Vietnam approves long awaited power development plan
Vietnam’s national electricity development plan for the period 2021- 2030, with a vision to the year 2050 (“PDP8")Vi­et­nam’s long awaited eighth national power development plan (“PDP8”) has finally...
30/05/2023
Annual CMS APAC Construction Conference 2023
As the world comes out of the COVID-19 pandemic, the efforts of recovery and rebuilding nations and economies have begun in earnest. All Southeast Asian economies are seeing an increase in in­fra­struc­ture...
08/09/2022
APAC Region: Managing Risk in a Volatile Market
Legal Issues to Consider and Manage in 2022/2023 2022 was a challenging year for many businesses, including for those in the energy sector. 2023 looks to be just as demanding. Slow global growth, the war in Ukraine, continuing supply chain challenges as well as the after-effects of the COVID-19 pandemic are some of the factors causing disruption to business. Here, we highlight some of the legal issues that a party doing business in the energy sector in a volatile market could expect to encounter, and how the risks may be managed. Supply chain risk Current supply chain shortages and restrictions, exacerbated by labour and materials cost inflation which continue from the Covid-19 pandemic. Manage risks by:Actively reviewing robustness of supply chain in a crisis (at all tiers). Ef­fect­ive force majeure drafting and planning. Ensuring there is sufficient security for delivery obligations and carrying out regular credit checks on suppliers.  Termination risk Volatile markets tend to result in additional termination risks:Manage risks by:Review portfolio of key contracts for contracts at risk. Actively engage with counterparties to mitigate risk of termination for essential contracts. Utilise termination rights to escape onerous contracts. Counterparty risk Increased counterparty insolvency risk caused by market volatility. Manage risks by:Conducting effective due diligence. Carrying out detailed assessments on cred­it­wor­thi­ness. Ensuring financial security in the event of insolvency (on-demand bonds, letters of credit etc.). Government intervention The increasing export or import-related restrictions imposed by Governments. Manage risks by:Considering fulfilment of contractual obligations. Reviewing contractual rights and ability to use alternative sources of supply. Careful consideration of trade portfolio. EPC ‘Hot market’ A perfect storm of under supply, over demand, inflation pressures, and legacy of the Covid-19 pandemic for the engineering procurement and construction market will require effective management of:Proper assessment of ability to deliver at tender stage. Contractual damages and incentives for ‘on time’ delivery. Managing project change. Sanctions Sweeping financial global sanctions as a result of Russia’s War on Ukraine may impact your business. Manage risks by:Reviewing nexuses to Russia. Identifying sanctions which apply. Managing any business from a reputational and ESG-based perspective, and consider alternative options. Price volatility LNG spot price is at an all-time high, with potential volatility in all commodity markets. Manage risks by:Careful consideration of counter-party non-delivery, force ma­jeure/ter­min­a­tion. Preparing for circumstances of an inability to deliver / accept delivery and whether any force majeure clause excuses performance. Check price review / reopener clauses in long-term agreements. Careful consideration of any impact on cost base and margin calls. ESG transformation The drive towards net zero and ESG expectations. Manage risks by:Reviewing contractual arrangements for carbon neutral trading and contracting. Considering whether counter-party net zero and / or ESG commitments have adequate remedies in the event of breach. Managing regulatory changes and company policies.
18/01/2022
Singapore Court of Appeal affirms decision to set aside award for breach...
This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC. The Singapore Court of Appeal has upheld a decision by the High Court in setting aside an...
16/12/2021
CMS Expert Guide to Recognition and Enforcement of Judgments and Arbitral...
This CMS Guide on Recognition and Enforcement of Judgments and Awards provides an overview of enforcement of both of court judgments and arbitral awards in the following Southeast Asian jur­is­dic­tions:...
12/11/2021
Further liberalisation of Singapore legal market to strengthen Singapore’s...
This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC. In a new development for Singapore, the Ministry of Law has proposed a framework for conditional...
02/06/2021
Singapore Court of Appeal declines to follow Rock Advertising: endorses...
A recent decision of a five-judge Court of Appeal in Singapore has considered the legal effect of no oral modification clauses (“NOM clauses”) under Singaporean law. In a break with the position in...
27/04/2021
Joinder of third-parties to arbitration proceedings: High Court of Singapore...
In a recent decision, the High Court of Singapore has held that a third-party parent company of one the parties to a Singapore-seated LCIA arbitration had not consented to being joined to the arbitration...
31/03/2021
Law and regulation of consequential damages clauses in the energy sector...
1. Do the words “consequential loss” have a given meaning in law? Yes.  The Singapore courts have taken the traditional English law approach, and construed the phrase “consequential loss” as...
11/09/2020
International Mediation Update: the Singapore Convention in force on 12...
The United Nations Convention on International Settlement Agreements Resulting from Mediation (known as the “Singapore Convention”) comes into force tomorrow on 12 September 2020. The Singapore Convention...