Arbitration & Adjudication

Fortuna Injunction Denied: Court Upholds KumkangKind’s Right to Enforce Adjudication Decision

When a company is faced with a winding-up threat, the instinct is often to seek refuge behind a Fortuna injunction — a court order to restrain such a petition. But...

Recommencing a CIPAA Adjudication After a Decision is Set Aside Under Section 15 of CIPAA 2012

The Construction Industry Payment and Adjudication Act 2012 (CIPAA) was introduced to facilitate the speedy recovery of payments by contractors from employers in the construction industry. However, in certain exceptional...

CIPAA 2024 Amendments: What Malaysian Contractors and Consultants Need to Prepare For

Unpacking Section 27(2) CIPAA: When Can You Claim More Than Just Payment in Malaysian Adjudication?

When the Construction Industry Payment and Adjudication Act 2012 (CIPAA) was introduced, it was widely understood as a tool primarily designed to resolve disputes over outstanding payments in construction projects....

Common Mistakes in CIPAA Claims – And How to Avoid Them in Malaysia’s Construction Disputes

In the fast-paced and often cash-strapped world of construction, the Construction Industry Payment and Adjudication Act 2012 (CIPAA) has proven to be a powerful legal remedy for resolving payment disputes...

CIPAA vs Arbitration vs Litigation: Choosing the Right Path for Construction Disputes in Malaysia

Disputes are an inevitable part of the construction industry. Whether arising from late payments, defective works, contractual disagreements, or scope variations, how these disputes are resolved can significantly impact cash...

The Role of Adjudicators Under CIPAA: Powers, Duties, and the Appointment Process Explained

The Construction Industry Payment and Adjudication Act 2012 (CIPAA) was enacted in Malaysia to resolve construction payment disputes quickly, efficiently, and affordably. At the heart of this statutory adjudication framework...

The Power of Section 35 CIPAA: Voiding Conditional Payment Clauses in Malaysian Construction Contracts

In Malaysia’s construction industry, where delayed payments are all too common, contractual clauses like "pay-when-paid" or "back-to-back" payment terms have historically placed subcontractors and suppliers at a disadvantage. These clauses...

CIPAA Case Studies: Landmark Decisions That Shaped Malaysia’s Construction Law

Since its enforcement in 2014, the Construction Industry Payment and Adjudication Act 2012 (CIPAA) has not only transformed the way construction payment disputes are resolved in Malaysia but has also...

How to File a CIPAA Claim in Malaysia: A Step-by-Step Legal Guide to Construction Adjudication

In Malaysia’s dynamic construction sector, the timely flow of payments is vital to project success. Unfortunately, many contractors, subcontractors, and consultants often face payment delays that jeopardize their operations and...

Understanding CIPAA Malaysia – A Complete Guide to the Construction Industry Payment and Adjudication Act 2012

In the Malaysian construction sector, payment disputes have long been a source of financial strain and project disruption. Delays in payment, whether deliberate or due to cash flow problems, can...

What is Arbitration?

Arbitration is a popular alternative dispute resolution method in Malaysia. It is governed by the Malaysian Arbitration Act 2005 (Act 646) which is based on the UNCITRAL Model Law on...

If Delay of Construction is due to fault of employer, can contractor automatically get extension of time without notice?

Have you encountered the situation whereby the delay of the construction work is solely due to the delay of the project owner ‘’Employer? You as the contractor, do you need...

Importance of Notice in Extension of Time for Standard Construction Forms

Whenever there is delay in the construction works, contractor always can exercise their right under the contract to ask for extension of time. However, before to exercise such right, the...

Can Contractor suspend the works due to Non-Payment? (CIPAA Law)

In construction industry, non-payment or delay in payment is a “norm”. When facing such a situation, normally contractors tend to slow down their works or suspend their works until payments...

What Supplier or Contractor should do when facing collection problem?

What if you didn’t get your payment when you have supplied goods to the contractors or you have done the construction works? In Malaysia, there are many contractors/suppliers facing collections...