Database of Arbitrators and Mediators
The MIAC Database features a global pool of both highly experienced and new arbitrators as well as mediators, drawn from civil and common law jurisdictions around the world.
In creating an online Database, MIAC aims to create a useful resource to users, and at the same time bring to the fore the recognized talent of arbitrators and mediators from Africa, Asia, and beyond.
The Database is freely accessible to the public for assistance in identifying appropriate arbitrators for specific cases. Appointments by the MIAC appointing authority may also draw upon, but would not be limited to, the Database. While MIAC encourages qualified individuals to join the Database, inclusion in the Database does not entail an endorsement or certification by MIAC.
Ar. David Tak Wai Yek
Chartered Architect, Independent Arbitrator, Adjudicator, Mediator & Expert
DYA+C
Gender: Male
Nationality: Malaysian
Country: Malaysia
Email Address: davidyekarchitect@gmail.com
Website: http://davidyek.com
Languages: English (Native), Malay (Fluent), Mandarin (Working knowledge), Cantonese (Working knowledge)
Experience as sole arbitrator: Yes
Experience as co-arbitrator: No
Experience as presiding arbitrator: No
Experience as counsel in arbitration proceedings: Yes
Experience as Mediator: No
Legal systems: Common Law
Bar Admission:
Fields of arbitration specialization: Construction & Infrastructure, Professional Indemnity and Building Defects Forensic
Publications:
‘CAN THE PROFESSIONAL SOLE PROPRIETORS STAND TALL ON THEIR PRACTICE NAMES IN COURT AND IN CIPAA ADJUDICATION?’ [2023], 1 LNS(A) xli, <https://www.researchgate.net/publication/371124539_CAN_THE_PROFESSIONAL_SOLE_PROPRIETORS_STAND_TALL_ON_THEIR_PRACTICE_NAMES_IN_COURT_AND_IN_CIPAA_ADJUDICATION_2023_Legal_Network_Series_1_LNSA_xli>, accessed 21 June 2023.
‘CRITICAL OBSERVATION IN THE INCEPTION; GROWTH; AND RECENTDEVELOPMENT OF THE ROLE OF ADJUDICATION IN THE MALAYSIANCONSTRUCTION INDUSTRY, FROM A PERSPECTIVE OF AN ADJUDICATOR’ [2022] v.2, i.10 AIADR IJADR, p.4-25, <https://www.academia.edu/100253611/CRITICAL_OBSERVATION_IN_THE_INCEPTION_GROWTH_AND_RECENT_DEVELOPMENT_OF_THE_ROLE_OF_ADJUDICATION_IN_THE_MALAYSIAN_CONSTRUCTION_INDUSTRY_FROM_A_PERSPECTIVE_OF_AN_ADJUDICATOR?source=swp_share>, accessed 15 May 2023.
‘THE DRAFT CIDB STANDARD FORM OF BUILDING CONTRACT 2022 (‘CIDB 2022’) CRITICALLY COMPARED TO THE NEW ENGINEERING CONTRACT (‘NEC’) AND OTHER STANDARD FORMS OF BUILDING CONTRACT (‘SFC’)’, [2023] 1 LNS(A) xxix, <https://www.academia.edu/100171995/_2023_1_LNS_A_xxix?source=swp_share>, accessed 15 May 2023.
‘Investigation into the Legal Framework Governing Arbitration and Constitution of the Arbitral Appointing Body, Dispute-Clause, Arbitration Rules and Administration of Construction Dispute Arbitration in Malaysia Taking The Malaysia Institute of Architects (‘PAM’) as A Study’ (LLM Dissertation Robert Gordon University 2022).
Investigation into the Legal Framework Governing Arbitration and Constitution of the Arbitral Appointing Body, Dispute-Clause, Arbitration Rules and Administration of Construction Dispute Arbitration in Malaysia Taking The Malaysia Institute of Architects (‘PAM’) as A Study’ (LLM Dissertation Robert Gordon University 2022).
‘My Mediation Log-Book: Mediating a Crime?’ (2021), accessed 27 Oct 2021;
‘If its Ain’t Broken, It’s Not Worth Mending – A Look Into A Dysfunctional Dispute Clause’ (2021), accessed 27 Oct 2021;
‘Malaysia Day Special: Unity in Diversity of Different Seats Within the Jurisdiction of Malaysia’ (2021), accessed 27 Oct 2021;
‘Can a Non-Independent Arbitrator Acts Independently?’ (2021), accessed 27 Oct 2021;
‘The Three-Tenets of Arbitration, Which Held Supreme?’ (2021), accessed 27 Oct 2021;
‘My Mediation Log-Book: Cracking a Joint Venture’ (2021), accessed 27 Oct 2021;
‘CPC, CFO/CCC, VP Conundrum’ (2021), accessed 27 Oct 2021;
‘Adjudication with the Spanner in the Gearbox’ (2021), accessed 27 Oct 2021;
‘The Settle of the Unsettled Law in CIPAA as at 2020’, (2021), accessed 27 Oct 2021;
‘Lessons on Arbitral’s Impartiality – Halliburton v Chubb’ (2021), accessed 27 Oct 2021;
‘PAM Practice Note 3-2020, My Points of View’ (2021), accessed 27 Oct 2021;
‘Architect has No Duty of Care to the Contractor – The Malaysian Approach’ (2021), accessed 27 Oct 2021;
‘To Trust or Not To Trust, A Retention of UK’s Inspiration’ (2020), accessed 27 Oct 2021;
‘Covid Bill in the Construction Industries – Peace Before the Storm, A Personal Reflection’ (2020), accessed 27 Oct 2021;
‘Warranty, Defects Liabilities, Longstop … Where is the Limit?’ (2020), accessed 27 Oct 2021;
‘Roles of Architects as Construction Mediators in Post MCO Recovery in Malaysia’ ’ (2020), accessed 27 Oct 2021;
‘Is There Such Immunity As a Certifier For The Architect’ (2020), accessed 27 Oct 2021;
‘A Question On Prolongation Costs’ (2020), accessed 27 Oct 2021;
‘Discrepancy Between the Drawings and BQ Which Take Precedent’ (2020), accessed 27 Oct 2021;
‘MCO-04 New Normality Bites’ (2020), accessed 27 Oct 2021;
‘MCO-03 Go to Work Mr Architect’ (2020), accessed 27 Oct 2021;
‘Dispute Avoidance During MCO What Architect Can Or Cannot Do’ (2020), accessed 27 Oct 2021;
‘Movement Control Order (MCO) From the Lens of an Architect’ (2020), accessed 27 Oct 2021;
‘Granting of EOT by the Architect Unilaterally’ (2019), accessed 27 Oct 2021;
‘PAM Adjudication Panel, a Matter to be Considered’ (2019), accessed 27 Oct 2021;
‘MY SOPL Security of Payment Legislation in the Malaysian Construction Industry – My Observation’ (2019), accessed 27 Oct 2021;