Amy Hiew Kar Yi

On the court record

Amy Hiew Kar Yi appears in the reported corpus as construction and arbitration counsel, with adjudication, award-setting-aside and insolvency-adjacent injunctions recurring across the High Court and Court of Appeal. In a Court of Appeal matter she was engaged in a challenge to an adjudicator's decision under the Construction Industry Payment and Adjudication Act 2012, where the issue was whether the adjudicator had acted in excess of jurisdiction — the jurisdiction under section 27 being limited to the matter referred to adjudication — by allowing late-payment interest, engaging the definitions of a payment claim in sections 4, 5 and 6 of the Act.

Her arbitration practice is visible in linked High Court proceedings on the setting aside of an award under section 37 of the Arbitration Act 2005, where the grounds included that the submission of the draft final award for technical review had not complied with rule 12(2) of the AIAC Rules — said to have deprived the arbitrator of his mandate — and that the arbitrator had introduced and decided matters going beyond the reference, engaging subparagraphs 37(1)(a)(iv), (v) and (vi). She also appeared in a construction dispute over the validity of a contractor's termination, argued on a judgment in Bahasa Malaysia, where the question was sama ada penamatan kontrak Plaintif oleh Defendan adalah sah (whether the defendant's termination of the plaintiff's contract was valid), the plaintiff's alleged delay in completing the works and its responsibility for a "stop work order". Her insolvency-adjacent work includes an application for a Fortuna injunction to restrain the presentation of a winding-up petition where the alleged debt was disputed and no judgment had been obtained, raising whether the winding-up court is the proper forum to resolve a substantial dispute of fact. The reported matters place her in construction payment, arbitration and related injunction litigation.