Kong is an Associate in the dispute resolution team, specialising in international arbitration and cross-border commercial disputes.
Kong advises multinational corporations and domestic clients in cross-border commercial disputes across a wide range of sectors, including construction, engineering, projects, energy, joint ventures, concessions, telecommunications, technology, cryptocurrencies, and shareholder disputes. He has represented clients in construction and commercial arbitration proceedings in Singapore and Malaysia under UNCITRAL, ICC, SIAC, AIAC and PAM Arbitration Rules, as well as in construction adjudication.
Kong was called to the English Bar in 2017 and the Malaysian Bar in 2018. He graduated from the University of Northumbria, Newcastle with an LL.B. (Hons) and LL.M in Bar Practice.
- Advised a Malaysian fabricator of offshore oil & gas facilities in an arbitration claim against the subsidiary of a United States hydrocarbon exploration company for the sum of USD25 million arising from change orders and additional cost pursuant to an EPCC Agreement in respect of the construction of a topside.
- Advised a Singapore investment holding company on disputes arising from an acquisition and transfer of shares in a Malaysian company.
- Advised main contractors and sub-contractors on construction disputes (progress payments, final account, delays, extension of time, loss & expense and imposition of liquidated damages).
Selected reported cases before the High Court of Malaya and the Court of Appeal of Malaysia include the following:
- Mann Holdings Pte Ltd & Anor v. Ung Yoke Hong, Court of Appeal [2019] 6 CLJ 475
- Ken Grouting Sdn Bhd v. RKT Nusantara Sdn Bhd, Court of Appeal [2021] 2 CLJ 173, [2021] 4 MLJ 622, [2021] 1 AMR 217
- TSR Bina Sdn Bhd v. Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd (No. 1), High Cout [2021] AMEJ 1250, [2021] MLJU 1504
- TSR Bina Sdn Bhd v. Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd (No. 2), High Cout [2022] MLJU 3099
- Bentara Gemilang Industries Sdn Bhd v. TSR Bina Sdn Bhd (Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd, third party), High Court [2021] AMEJ 2163, [2022] MLJU 221
- Federal Furniture Industries Sdn Bhd v. Ireka Engineering & Construction Sdn Bhd, High Court [2022] AMEJ 0785, [2022] MLJU 1353
- Uzma Engineering Sdn Bhd v. Khan Co Ltd & Anor, High Court [2023] MLJU 1561
- Tropical Profile (M) Sdn Bhd v. Cantilever Bumi Sdn Bhd, High Court [2023] MLJU 2729
- TSR Bina Sdn Bhd v. Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd and another appeal, Court of Appeal [2024] 4 MLJ 405, [2024] 5 CLJ 402
- Lim, K.S. (2021). Dissenting Opinions in International Maritime Arbitration. Transnational Dispute Management Vol 18 Issue I, Special Issue on Maritime Law Arbitration.
- Lim, K.S. (2020). Soft Law Instruments on Arctic Investment and Sustainable Development. Polar Record. DOI: 10.1017/S0032247420000108
- Lim, K.S. (2019). Armed Conflicts and Customary Law on Investment: Codification and Fragmentation of Protection and Security. European Yearbook of International Economic Law Special Edition, pp. 229-257. DOI: 10.1007/978-3-030-10746-8_12
- Lim, K.S. (2018). China’s Arctic Policy and the Polar Silk Road Vision. In Heininen, L. & Exner-Pirot, H. (Eds.) Arctic Yearbook 2018, pp. 420-432. Reprinted in Barnes, J. Exner-Pirot, H., Heininen, L. et. al. (Eds.) China's Arctic Engagement Following the Polar Silk Road to Greenland and Russia (North American and Arctic Defence & Security Network Series, 2021).
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