Tag: news & updates

Construction Industry Payment and Adjudication Act 2012

Tag: news & updates

CIPAA Consulting News & Update Background

CASE UPDATE: Recommencement of CIPAA Proceeding if the Adjudication Decision is Set Aside

Wong Huat Construction Co v Ireka Engineering & Construction Sdn Bhd [2018] 7 MLJ 659

If an Adjudication Decision is successfully set aside pursuant to Section 15 of CIPAA, all parties will be restored to their original positions as though the earlier Adjudication did not take place.

As a result, the Unpaid Party / Claimant is entitled to re-commence a fresh CIPAA Proceeding instead of arbitrating / litigating the matter.

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CIPAA Consulting News & Update Background

CASE UPDATE: CIPAA cannot be contracted out

Ranhill E&C Sdn Bhd v Tioxide (Malaysia) Sdn Bhd and Another Case [2015] 1 LNS 1435
The High Court held that the right to refer to CIPAA Adjudication is a statutory right which cannot be contracted out by virtue of the arbitration clause. By extension, the Court will not upheld any attempt to contract out of CIPAA.

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