CIPAA 2012 : Limitation to an Adjudicator’s Jurisdiction
Anas Construction Sdn Bhd v JKP Sdn Bhd & Another Appeal [02(F)-3-01/2023(P)/ 02(F)-4-01/2023(P)]
View PDF 27th March 2024 ISSUES If an Adjudicator made a decision based on contract provision not cited or relied upon by the Appellant in
Stay Pending Arbitration: Request for Extension of Time to File Defence Tantamount to Taking Steps in Proceedings?
Airbus Helicopters Malaysia Sdn Bhd (formerly known as Eurocopter Malaysia Sdn Bhd) v Aerial Power Lines Sdn Bhd [W-02(IM)(NCvC)-1888-10/2022]
View PDF 21st February 2024 ISSUES It is not uncommon for Defendants to request for extension of time to file their defence, especially when the
Stay Pending Arbitration: Arbitration Agreement Becomes Inoperative After Company Wound Up? Biaxis (M) Sdn Bhd (In Liquidation) v Peninsula Education (Setia Alam) Sdn Bhd [BA-22C-7-03/2023]
Often time, contracting parties would agree to refer their contractual disputes to arbitration and an arbitration clause would be inserted into the contract. Arbitration clauses are also commonplace in most standard form of construction contracts. These arbitration clauses are known as arbitration agreement and are treated as a standalone agreement which would survive termination of the main contract.
Stay Pending Arbitration: Hybrid Striking Out & Stay Application and Failure to Pay Deposit for Arbitrator’s / Administrative Fees JSB v ACSB [2023] MLJU 2406
View PDF 29th December 2023 ISSUES Under Section 10 of the Arbitration Act 2005 (“AA 2005”), a stay of proceedings is mandatory where the matter
CIPAA 2012 : Direct Payment from Principal and Judicial Management Order
Concrete Empire Sdn Bhd v Turnpike Synergy Sdn Bhd [WA-24C-116-06/2022]
View PDF 22nd November 2023 ISSUES When the losing respondent does not make payment for the Adjudicated Sum under the Adjudication Decision to the claimant, the
On Demand Performance Guarantee: Unconscionability and Breach of the Underlying Principle Contract
Oxley Rising Sdn. Bhd. v Ssyangyong Engineering & Construction Co. Ltd. And Anor Appeal [W-02(C)(A)-274-02/2022 & W-02(IM)(C)-273-02/2022]
View PDF 31st October 2023 ISSUES It is a commonplace in the construction industry for the employer to require the contractor to provide a performance
CIPAA 2012 : “Adjudicated Amount” under Section 30 – Interest and Costs, Included or Otherwise?
Pali PTP Sdn Bhd v Bond M&E Sdn Bhd & Another Appeal [W-02(C)(A)-314-02/2021 / W-02(C)(A)-399-02/2021]
View PDF 27th September 2023 ISSUES Where a Principal is ordered to make payment of the “adjudicated amount” pursuant to Section 30 of Construction Industry
CIPAA 2012 : Forbearance, Estoppel and Ouster by Contract
Chua Heng Hong & Ors v S Lite Electrical and Engineering Sdn Bhd & Anor [2023] 1 LNS 335
View PDF 30th August 2023 ISSUES If a party has agreed to forbear payment for construction work, can such forbearance be a basis to apply
Stay Pending Arbitration & Anti-Arbitration Injunction : Arbitration Agreement Impugned with Allegation of Forgery
Macsteel International Far East Limited v Lysaght Corrugated Pipe Sdn Bhd and Another & 2 Other Appeals [W-02(IM)(NCC)-2002-10/2021 / W-02(IM)(NCC)-2003-10/2021 / W-02(IM)(NCC)-2004-10/2021]
View PDF 31st July 2023 ISSUES Where a contract contains an arbitration agreement and one of the contracting parties initiate a Court action, the counterparty