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Ar. David’s secondary area of practice besides architecture and interior design is alternative dispute resolution (ADR) in construction law and payment in construction related matters. He sets up DYA+C to undertake drafting of the various building and engineering claims, advises on disputes arising from such contracts and potentially appear as arbitrator and adjudicator to resolve these disputes.
Architectural Practice Prior to his venturing into the area of ADR in the construction law and payment disputes in construction related matters, he had been actively practising as a Professional Architect, registered with the Board of Architect Malaysia (LAM), in his own architectural practice, David Yek Architect (DYA) for more than 17 years. His portfolio includes private residential, high-end mass residential high-rises, international schools, mixed development commercial and various industrialised data centres and factories. He was admitted to the Royal Institute of British Architect RIBA as a Chartered Member. Being a member of LAM, he was also elected as a member of the Institute of Interior Design Malaysia (IPDM). Involvement in PAM He occasionally sits in the ADR and Practice committee for the Malaysia Institute of Architect (PAM). Since 2021, he has been elected an Ordinary Council Member of PAM for the 2021/22 term and appointed Co-Chairman for both ADR-Committee and PAM Form Review Committee. Mediation Having trained in both facilitative (via Malaysia Mediation Centre MMC) and evaluative mediation under the ACRE-model, he was admitted as a Royal Institution of Chartered Surveyors (RICS) Accredited Civil-Commercial Mediator, with recognition by International Mediation Institute (IMI), as Certified-Mediator. In the ADR committee he is now responsible in setting up the mediation panel for PAM, as another avenue for dispute resolution for the construction industry in Malaysia. In collaboration with the RICS, he has been instrumental in promoting Evaluative Mediation Course among the Architects in PAM. As a result of this outreach, he has delivered a talk via zoom platform, through CPD Unlimited, on the topic of introduction to mediation in the construction industry. Adjudication Ar. David was appointed as adjudicator under the Malaysian Construction Industry Payment and Adjudication Act 2012 (CIPAA) with the Asia International Arbitration Centre (AIAC). He thereon was admitted as a member of the Malaysian Institute of Arbitrators (MMIArb.). On the same note, he was made a Fellow of the HongKong Institute of Construction Adjudication (HKICAdj), ready to undertake adjudication under the SOPL(HK) regime. In the same capacity, he was admitted as an Adjudicator for HGCRA under UK-Adjudicators. Expert Ar. David, in his capacity as an architect has also acted as expert, consultant and party representative in domestic arbitrations and in the courts of law. While discharging his architectural role, he was accredited with the Building and Construction Authority of Singapore as a CONQUAS 21 assessor, where our domestic CIDB modelled it as their QLASSIC standards for construction. To put weight onto his resume as an expert especially on matter relating to fire risks, he was also admitted as the member of the International Fire Engineers (MIFireE). In conjunction with his involvement in PAM Council, Ar. David was admitted as a panel of Expert and Building Defects Forensic Inspector with the Architect Centre, a full subsidiary of PAM for building defects forensic work. In the same capacities he has undergone training with the Academy of Expert (AOE) UK, currently an AAOE. Ar. David in his capacity as a professional well versed in the construction contract has since organised in-house training for Builders notably CIDB Class G7 Contractors on Building Contract Administration, Dispute Avoidance and Issues relating to the Building Codes. He also acted as Contract Advisor, Counsel and Party Representatives for matters related to Arbitration, Adjudication and Determination. On such capacity, he was elected as the Chartered Fellow, CBuildE, for the Chartered Association of Building Engineers (UK) FCABE. Arbitration In the arbitration front, Ar. David is in the progress of completing a LLM in Construction Law and International Arbitration from the Robert Gordon University, Aberdeen (RGU), currently in his final year. Along this route he was elected as Fellow of Chartered Institute of Arbitrator, FCIArb and as Fellow of Malaysian Institute of Arbitrators, FMIArb, joining rank with the panel of arbitrators, adjudicators, mediators and expert determiners in PAM and the AIAC. Ar. David has since been empaneled into the Thailand Arbitration Centre THAC as arbitrator. Education As his continue effort to contribute back to the society, Ar. David has been involved in the various academia as guest lecturer cum critique for the various institution of higher learning domestically such as University Technology of Malaysia (UTM), University Tengku Abdul Rahman (UTAR), UCSI and Taylor’s University leading their design studios such as Dekon04 and Discourse in Studio Sem06. As a result of this experimentation, Ar. David delivered his conference paper in architectural education in the PAM International Education Seminar 2018 (PIES 2018). A post conference publication monograph by the same name, co-editor by Prof Robert Powell was published and available nationwide. Cultural Reference While in practice, Ar. David has a lasting encounter with Chinese Metaphysics Practitioner in his early career, namely collaborating with the established Grandmaster Yap ChengHai. As he succumbs to various inconsistent requirements of the FengShui practices, he opted to pick up the skill initially studying formally from the Academy of Chinese Metaphysics, led by JoeyYap to a level of achieving a Diploma to that effect. His thirst for the esoteric knowledge has brought him beyond such formal accolades that he seeks tutelage from other masters, such as the Thirteen Families beyond Singapore, HongKong and Taiwan. His interest has finally brought him to another level that enable him to practice professionally, as a founding partners of FengShui QuanYuan, an establishment of traditional FengShui practitioners which emphasized on results consistency and no nonsense policy. In Summary With a diverse knowledge and experience in the Built Environment, as a Professional Architect cum Interior Designer, Arbitrator, Adjudicator, Mediator, Educator and a fellow practitioner of the esoteric arts of Chinese Metaphysics, he continues to investigate the successes and failures of buildings, urban and cultural references in his daily work while submerging himself in the intricacies of human relations in project management, dispute resolutions while delivering and carving the urban spaces. |
DYA+CDAVID YEK ADR Chamber
Chartered Architect
(特許建築師), Independent Arbitrator & Adjudicator (獨立仲裁員和審判員), Civil Commercial Mediator (民用和商業調解員) Claim Consultant (索賠顧問), Fire Engineer and Expert Witness (消防工程師和專家證人), Boutique Fengshui Consultant (地理/風水師). 
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Ar. DAVID YEK TAK WAI
BscHBP(Hons), BArch(USM), CertAdj.CIPAA, APAM, AIPDM, PArch, RIBA, MMIArb, CBuildE, FCABE, FHKICAdj, FCIArb.
Chartered Professional Architect and Interior Designer;
Arbitrator, Adjudicator, Mediator and Expert.
Chartered Professional Architect and Interior Designer;
Arbitrator, Adjudicator, Mediator and Expert.
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Ar. David's secondary area of practice besides ARCHITECTURE and INTERIOR DESIGN is ALTERNATIVE DISPUTE RESOLUTIONS (ADR) in construction law and payment in construction related matters.
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DYA+C is set up by Ar. David to undertake resolution of commercial disputes through
ARBITRATION, ADJUDICATION, MEDIATION and EXPERT DETERMINATION specializing in CONSTRUCTION PAYMENT DISPUTES. |
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Details of Ar. David's experience are set out therein these pages, which you are invited to explore and he may be reached by email or mobile should you need to enquire further.
DYA+C SERVICES AVAILABLE |
Arbitration, a form of alternative dispute resolution (ADR), is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons, which renders the "award". An arbitration award is legally binding on both sides and enforceable in the courts. - Wikipedia
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Adjudication is a dispute resolution process preliminary resolved by an independent impartial third party, the adjudicator, who decides the dispute within a relatively short period of time. It is usually an expert in technical matters, who can comes to an interim binding decision. - HKICAdj
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Mediation is essentially a negotiation facilitated by a neutral third party. Unlike arbitration, which is a process of ADR somewhat similar to trial, mediation doesn't involve decision making by the neutral third party. ADR procedures can be initiated by the parties or may be compelled by the courts, - FindLaw
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Expert Determination is a process of conflict resolution whereby at any time, the party can call upon an expert to decide on a matter crucial for them to carry on without interruption to the project usually related to technical matters such as defects, QAQC, that require immediate resolution.
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We assist client in the following areas:
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We provide inspection services for:
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We provide tailor-made training on:
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Blogs on Construction Law, Building Codes & Alternate Dispute Resolutions ADR
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