CIPAA: When Does it Apply?
Introduction Construction adjudication under the regime of the Construction Industry Payment and Adjudication Act, 2012 (“CIPAA”) has developed to a reasonably mature state in Malaysia. The bulk of application under CIPAA is from the enforcement and setting applications made to the High Court once an adjudication decision is issued. CIPAA further provides an exemption to a limited […]
Arbitration in Malaysia: Seat of Arbitration
Introduction The seat of arbitration may be a peculiar concept to those not familiar with arbitration. Arbitration derives its powers and jurisdiction from a consensual and contractual manner. Being essentially a creature of contract, the creation and performance of arbitration, and the enforcement of an arbitral award depends on the contractual framework it is based […]
Conclusion to the Saga “Which Date Applies? The date I paid the booking fee or the date stated in the Sale & Purchase Agreement?”
Introduction In our article written on 26.05.2020, we explore the issue that persistently crop up when dealing with homebuyers and housing developers. On 19.01.2021, through the decision of PJD Regency Sdn Bhd v. Tribunal Tuntutan Pembeli Rumah & Anor [Cases No(s): 01(f)-29-10/2019(W), 01(f)-30-10/2019(W), 01(i)-40-12/2019(M), 01(f)-42-12-2019(M), 01(f)-4-02/2020(W) and 01(f)-31-10/2020(W) all heard together], the Federal Court has pronounced the […]
Adjudication: An Adjudicator’s “Expertise or Own Knowledge”, How Far Can It Go?
Introduction There is much debate on the extent of adjudicators’ powers and jurisdiction under section 25 of the Construction Industry Payment And Adjudication Act, 2012 (“CIPAA”). While there are several permutations on this issue, the few top trending questions are:- (i) is the adjudicator bound to pick between either submission made by the parties in the adjudication […]
Sub-Contractors’ Claim Against the Principal When the Main Contractor is Wound-Up: A Section 30 CIPAA 2012 Update
Introduction The Malaysian Construction Industry Payment And Adjudication Act, 2012 [“CIPAA”] allows a sub-contractor who has obtained an adjudication decision in their favour to claim against the principal of the construction project concerned. Ordinarily, the sub-contractor would enforce their favourable adjudication decision against the main contractor but there may be instances where it would be […]
Which Date Applies? The date I paid the booking fee or the date stated in the Sale & Purchase Agreement?
Introduction The Court of Appeal’s decision in Sri Damansara Sdn Bhd v. Voon Kuan Chien & Anor (Civil Appeal No: W – 01(A) – 17 – 01/2019) [“Sri Damansara”] adds to the on-going saga of which date should be used when calculating late delivery damages in a property’s sale and purchase transaction. Factual Background: In […]
COVID-19 Pandemic: Are Contracts Being Frustrated?
IntroductionForce Majeure has been a topical subject during the current Covid-19 pandemic. We should keep in mind that force majeure is a creature of contract. This means that:- a party could only utilise force majeure if there is such clause under the contract they have entered into; and how force majeure is to applied to […]
Winding-up Petition: No Longer An Effective Tool For Adjudication Decisions?
ASM Development (KL) Sdn Bhd v. Econpile (M) Sdn Bhd [Suit No: WA-24NCC-363-07/2019] Court Tier (if applicable) High Court Summary: The High Court does not consider an enforced adjudication decision equivalent to a judgment of the High Court. This is apparent from the […]
Arbitration in Malaysia
Many have heard about the Courts when facing a legal dispute. However, there are fewer who have heard about “arbitration”. Fashioned as an alternative dispute resolution, arbitration actually has a long history of application in today’s world and one of its key features are the “confidentiality” and “enforceability” components. What is “Arbitration”? Arbitration is […]
Final Claims are Adjudicatible under CIPAA 2012
Martego Sdn Bhd v Arkitek Meor & Chew Sdn Bhd (Civil Appeal No: 02(f)-2-01/2018(W) Court Tier (if applicable) Federal Court Malaysia Summary: Adjudication decisions under the CIPAA 2012 need not be registered and enforced as a Court judgment before a winding-up notice and proceedings starts. However, if the winning party […]
