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 […]
