Rodney Gomez

Partner
Head, Infrastructure & Projects
Head, Engineering & Construction
Dispute Resolution
Arbitration & Mediation

Qualifications

  • 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

Rodney has 30 years of significant experience 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 Shearn Delamore & Co’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.

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.

Asian-Mena Counsel

External Counsel of the Year for Malaysia in 2020

Asialaw Leading Lawyers

Construction 2021 – Distinguished Practitioner for 2 consecutive years

Dispute Resolution and Litigation 2017-2019 – Market Leading Lawyer for 3 consecutive years; Leading Lawyer (2013 & 2016)

Projects and Infrastructure 2017-2019 – Market Leading Lawyer for 3 consecutive years

Gomez in particular, has been described by a client as having “extensive knowledge of the law and experience in arbitration.” – Asialaw Profiles 2016

Asia Business Law Journal

Identified as one of Malaysia’s Top 100 Lawyers in 2020

Chambers Asia-Pacific

Dispute Resolution: Construction 2020 – Band 3 for 7 consecutive years; Band 2 for 4 consecutive years (2010-2013)

A client reports: "He is extremely dedicated to the case and is results-oriented," adding that he has both "excellent attention to detail" and "time management skills, alongside a great ability to argue a case." -. Chambers Asia-Pacific 2020

Rodney Gomez focuses on construction, engineering and infrastructure disputes, with market commentators attesting that he is "someone people trust and a safe pair of hands." - Chambers Asia-Pacific 2019

Rodney Gomez maintains a respected construction practice and is praised by clients as "always hands-on and very practical." - Chambers Asia-Pacific 2017

Clients admire him for his responsiveness, as well as his "depth of knowledge and recall." - Chambers Asia-Pacific 2016

The Legal 500 Asia-Pacific

Dispute Resolution 2020 – Leading Individual for 2 consecutive years

Real Estate and Construction 2012, 2015-2017 and 2020 – Recommended Lawyer

Projects and Energy 2014, 2015, 2016, 2017-2020 – Recommended Lawyer

“Rodney Gomez and his team are very knowledgeable, efficient and hard-working team. They always provide appropriate solutions to problems with in-depth analysis of complex issues within the tight timelines of international arbitration.” - The Legal 500 Asia-Pacific 2020

International Law Office: Client Choice Awards

Recognized for Construction for Malaysia Jurisdiction in 2018

Expert Guides

Construction 2017-2019 – Leading Practitioner for 3 consecutive years

Who’s Who Legal

Construction 2019 – Global Leader; Expert for 4 consecutive years (2015-2018)

  • Member, Malaysian Bar
  • Member, International Bar Association (IBA)
  • Member, ASEAN Law Association of Malaysia
  • Member, Society of Construction Law (Malaysia)
  • Panel Member of Arbitrators and Adjudicators at the Asian International Arbitration Centre (AIAC)
  • Fellow of the Chartered Institute of Arbitrators (FCIArb), the Malaysian Institute of Arbitrators (FMIArb) and the Malaysian Society of Adjudicators (FMSAdj)
  • 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)