Common Issues in Malaysian Adjudication: Guide to CIPAA 2012 (Cases and Materials)
This book provides a straightforward approach to the statutory adjudication process under the Construction Industry Payment and Adjudication Act 2012 (Act 746) (CIPAA 2012). The book guides the reader through the process of adjudication pursuant to CIPAA 2012 from its initiation to beyond the delivery of the adjudication decision. In this book, nearly 100 common issues have been identified that commonly crop up during various stages of the adjudication process. This title focuses on a growing body of domestic cases, providing a clear exposition and discussion of the relevant case law. Utilising a problem-based approach, the Q&A format of the book provides answers to the common issues in Malaysian adjudication. Preceded by an introductory section, the reader is also provided with an overview of the construction process and the disputes that may arise, taking the reader from inception of construction work right to completion of a project.
Table of Contents
Chapter One: An Introduction to Statutory Adjudication
Chapter Two: Before the Referral
Chapter Three: Referral to Adjudication
Chapter Four: The Process After the Referral
Chapter Five: The Conduct of the Proceedings
Chapter Six: The Adjudication Decision
Chapter Seven: After Adjudication is Over
Chapter Eight: Other Considerations
About the Author(s)
Dr Shahrizal M Zin
FCIArb, FAiADR, FMIArb was called to the bar as an Advocate and Solicitor of the High Court of Malaya in 2003. He sits as an arbitrator and adjudicator with AIAC pursuant to the Arbitration Act 2005 and CIPAA 2012. He read law at University of Malaya as a recipient of the Public Service Department scholarship. He graduated with a Master of Laws from University of Malaya and holds a PhD from Monash University. He was awarded a diploma in International Commercial Arbitration from CIArb, and admitted as a Fellow since 2016.
Sr Nik Hasbi Fathi, CQS
FRISM, MRICS, FCIArb, FMIArb, FAiADR, MMSAdj is a consultant quantity surveyor with a career spanning over 30 years involving private and public sector projects in Malaysia and abroad. He serves as an adjudicator, arbitrator, expert witness and claims consultant, appearing in various capacities in litigation and ADR cases in Malaysia. An Advocate and Solicitor of the High Court of Malaya (non-practising), his special interest lies in construction law.