Marsden Law Book

Publication Date: Nov – 2022
Author: Amy Hiew Kar Yi, Lam Wai Loon, Serene Hiew & Ooi Hui Ying
ISBN: 9789672701682
Format: Hardcover
Country: Malaysia

Construction Adjudication in Malaysia examines legal principles which govern the application of the CIPA Act 2012. It examines and analyses most of the important judicial decisions on construction adjudication made by the courts in Malaysia, the United Kingdom, New Zealand, Australia and Singapore. Since the publication of the second edition, there have been more than 200 reported judicial decisions from the courts in Malaysia, including the Federal Court decisions in Jack-In-Pile (M) Sdn Bhd v Bauer (M) Sdn Bhd and Ireka Engineering & Construction Sdn Bhd v PWC Corp Sdn Bhd.

Organised in 22 systematically-structured chapters, the book provides in-depth and practical guidance on all stages of the adjudication process, from the filing of a payment claim, to the commencement of adjudication proceedings, the management of the adjudication proceedings up to the delivery of the adjudication decision, as well as enforcement, stay and challenge of adjudication decisions. This is topped off with an easy-to-understand and comprehensive Practice Guide which provides a step-by-step framework to successfully navigate the entire adjudication process.

The present work is a new and revamped edition of the highly regarded first and second editions, which have been described as a ‘seminal’ book on adjudication in Malaysia, and often referred to in Malaysian court judgments. This edition will continue to serve as a useful reference for judges, legal practitioners, adjudicators and students, as well as other stakeholders in the construction industry including employers, contractors, subcontractors, suppliers and consultants.

Key Developments Covered in This Edition

• Scope of application of the CIPA Act 2012
• Scope of the exclusion provision under s 3 of the CIPA Act 2012
• Rights of a successful party under an adjudication decision, including the right to present a winding-up petition based on an adjudication decision
• Meaning of ‘payment’ under s 4 of the CIPA Act 2012, including whether it includes final account claims, and loss and expense claims
• Power of the court to sever an adjudication decision, and enforce only the good part of the decision
• The test for establishing ‘possibility of or apparent of bias’
• Requirement of ‘clear and unequivocal error’ in View Esteem explained
• Meaning of ‘fraud’ under s 15(a) of the CIPA Act 2012 defined
• Extent of immunity of Director or Acting Director of the AIAC
• Recent cases on setting aside and stay of adjudication decisions
• An updated Practice Guide on Adjudication

Table of Contents

1. Introduction
2. Commencement and Scope of the CIPA Act 2012
3. Definitions
4. Payment Claim
5. Payment Response
6. Initiation of Adjudication Proceeding
7. Appointment of Adjudicator
8. Adjudication Claim, Response and Reply
9. Duties and Obligations of an Adjudicator
10. Adjudicator’s Powers
11. Jurisdiction of the Adjudicator
12. Consolidation, Withdrawal and Concurrent Reference
13. Adjudication Decision
14. Costs, Fees and Expenses
15. Setting Aside of Adjudication Decision
16. Stay of Adjudication Decision
17. Enforcement of Adjudication Decision
18. AIAC: The Designated Adjudication Authority
19. Conditional Payment Provisions Outlawed
20. Confidentiality of Adjudication Proceeding and Adjudicator’s Immunity
21. Service of Notices and Documents
22. Practice Guide