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 […]
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 […]
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 […]
Adjudication Decisions: No Longer The Need for Enforcement?
Case Details: Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 MLJ 244 Court Tier (if applicable) Court of Appeal 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 […]
Easier Way to Seek for Unpaid Construction Claims
Summary or Take-Away Points: Construction adjudication provides for a quicker and simpler way for contractors to claim for their unpaid construction claims. The law governing construction adjudication in Malaysia is the Construction Industry Payment And Adjudication Act, 2012. The “appointing authority” and “administrator” for construction adjudication in Malaysia is the Asian International Arbitration Centre (formerly […]
Proving Actual Loss for Liquidated Damages: A Bygone?
Case Details: Cubic Electronics Sdn Bhd (In Liquidation) v Mars Telecommunications Sdn Bhd (Civil Appeal No: 02(f) – 64 – 09/2016 (W)) Court Tier (if applicable) Federal Court of Malaysia Summary Strict proof of actual or genuine loss in forfeiting deposits or a claim for damages as compensation is no […]
