Law, Practice and Procedure of Adjudication (2 Vols)

Law, Practice and Procedure of Adjudication (2 Vols)

Book Details
  • Author : Sundra Rajo, Leong Hong Kit & Cindy Wong Xien Yee
  • Country : Malaysia
  • ISBN : 9789672701767
  • Publication Date : Apr - 2023
  • Format : Hardcover

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 consisting of 1,500 pages, as follows:

Division 1: The Law, Practice and Procedure of Adjudication

This Division provides an overview of the historical development of the adjudication regime, overview and comments on the adjudication provisions and process of CIPAA 2012.

Division 2: Adjudication Authority

This Division provides an overview of the role and functions of the AIAC, procedures and comment on the 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 adjudication regime in Malaysia as well as the foreign jurisdictions.

Division 4: Practical Guide for Adjudicator

This Division provides a detailed analysis and discussion jurisdiction, powers, duties and obligations and the adjudication decisions.

Division 5: Miscellaneous

This Division provides the analysis and comments on the confidentiality of the adjudication proceedings, the adjudicator’s and AIAC’s immunity as well as the service procedures.

Division 6: Post-Adjudication

This Division provides the processes after the adjudication decision has been delivered. It includes the detailed analysis and discussion on the requirements of the enforcement, setting aside and stay of the 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 the legal authorities from 2014 to to date. It further include the authors’ views on the possible reforms to CIPAA 2012 and recommendations.

Division 8: Appendices

This Division provides the appendices of CIPAA 2012 together with the authors’ recommended forms to serve 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.