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…
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…
IntroductionThe 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…
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…
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…
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…
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…
Introduction Force 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…
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…
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…
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…
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…
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…
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…