Law, Practice and Procedure of Adjudication
This book covers the Law, Practice and Procedure of Adjudication in Malaysia. It goes beyond the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) and covers the entire adjudication ecosystem as a complete compendium.
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This book covers the Law, Practice and Procedure of Adjudication in Malaysia. It goes beyond the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) and covers the entire adjudication ecosystem as a complete compendium. It consists of 22 chapters in 8 divisions comprising more than 1,900 pages, as follows:
Division 1: The Law, Practice and Procedure of Adjudication This Division provides an introduction of the historical development of the adjudication regime, as well as the overview and comments on the adjudication provisions and processes of CIPAA 2012.
Division 2: Adjudication Authority This Division provides an overview of the role and functions of the AIAC and comments on the rules, regulations, exemption orders, and circulars.
Division 3: Practical Guide for Parties This Division provides a detailed practical guide on all stages of the adjudication process under CIPAA 2012. It includes analysis, comments, observations and applicable legal authorities on the adjudication regimes in Malaysia and other jurisdictions.
Division 4: Practical Guide for Adjudicator This Division provides a detailed analysis and discussion on adjudicator's jurisdiction, powers, duties and obligations and decision.
Division 5: Miscellaneous This Division provides analysis and comments on confidentiality of adjudication proceedings, adjudicator’s and AIAC’s immunity as well as the service procedures for adjudication documents.
Division 6: Post-Adjudication This Division discusses the processes after the adjudication decision is delivered. It includes the detailed analysis and discussions on the requirements of the enforcement, setting aside and stay of adjudication decision. Additionally, it covers the procedures under Order 69A of the Rules of Court 2012.
Division 7: Development of Cases in CIPAA 2012 between 2014 and 2022 and Conclusion This Division provides the key development and evolution of legal authorities from 2014 to 2022. It includes the authors’ views on the possible reforms and recommendations to CIPAA 2012.
Division 8: Appendices This Division provides the appendices of CIPAA 2012 together with the authors’ recommended forms as templates for the adjudication proceedings.
This book is written with the support of two Editorial Board members consisting of Ng Chu Yin (an Advocate & Solicitor of the High Court of Malaya and also qualified as a Quantity Surveyor) and Kanmani a/p Gobal.