Adjudicator determines own jurisdiction : a prediction for the proposed construction industry payment and adjudication act

Adjudication always been said as a cheaper and speedier dispute resolution mechanism which gives a party a statutory right to adjudication. Currently Malaysian construction industry is waiting for the Construction Industry Payment and Adjudication Act (CIPAA) to come into force. The experience from...

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Main Author: Mohd. Yusop, Imran
Format: Thesis
Published: 2010
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spelling my-utm-ep.362592017-08-16T04:20:18Z Adjudicator determines own jurisdiction : a prediction for the proposed construction industry payment and adjudication act 2010 Mohd. Yusop, Imran TH Building construction Adjudication always been said as a cheaper and speedier dispute resolution mechanism which gives a party a statutory right to adjudication. Currently Malaysian construction industry is waiting for the Construction Industry Payment and Adjudication Act (CIPAA) to come into force. The experience from other countries relating to adjudication mainly on complex issues like jurisdiction of adjudicator must surely mean any new model should be an improvement over earlier statutes. Whilst the cases regarding adjudicator jurisdiction keep growing, the proposed CIPAA should be well prepared to face similar issues and one of it is on the adjudicator determines own jurisdiction. Accordingly, it is the objective of this research to determine the position of the proposed CIPAA in relation to the legal position on the issue of adjudicator determines own jurisdiction. This research focuses on the United Kingdom cases relating to this issue under the Housing Grants, Construction and Regeneration Act (HGCRA) 1996. From there, this research studies on the principle created on the issue of adjudicator determines own jurisdiction. Then, the proposed CIPAA be anticipated to look on its position on this issue. It is can be learnt that there is loophole in the provisions of the proposed CIPAA which can continue the jurisdictional challenge as been experience by the HGCRA 1996. Thus, it is essential for the proposed CIPAA to provide a concrete measures to prevent the similar issue arise. 2010 Thesis http://eprints.utm.my/id/eprint/36259/ masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution Universiti Teknologi Malaysia
collection UTM Institutional Repository
topic TH Building construction
spellingShingle TH Building construction
Mohd. Yusop, Imran
Adjudicator determines own jurisdiction : a prediction for the proposed construction industry payment and adjudication act
description Adjudication always been said as a cheaper and speedier dispute resolution mechanism which gives a party a statutory right to adjudication. Currently Malaysian construction industry is waiting for the Construction Industry Payment and Adjudication Act (CIPAA) to come into force. The experience from other countries relating to adjudication mainly on complex issues like jurisdiction of adjudicator must surely mean any new model should be an improvement over earlier statutes. Whilst the cases regarding adjudicator jurisdiction keep growing, the proposed CIPAA should be well prepared to face similar issues and one of it is on the adjudicator determines own jurisdiction. Accordingly, it is the objective of this research to determine the position of the proposed CIPAA in relation to the legal position on the issue of adjudicator determines own jurisdiction. This research focuses on the United Kingdom cases relating to this issue under the Housing Grants, Construction and Regeneration Act (HGCRA) 1996. From there, this research studies on the principle created on the issue of adjudicator determines own jurisdiction. Then, the proposed CIPAA be anticipated to look on its position on this issue. It is can be learnt that there is loophole in the provisions of the proposed CIPAA which can continue the jurisdictional challenge as been experience by the HGCRA 1996. Thus, it is essential for the proposed CIPAA to provide a concrete measures to prevent the similar issue arise.
format Thesis
qualification_level Master's degree
author Mohd. Yusop, Imran
author_facet Mohd. Yusop, Imran
author_sort Mohd. Yusop, Imran
title Adjudicator determines own jurisdiction : a prediction for the proposed construction industry payment and adjudication act
title_short Adjudicator determines own jurisdiction : a prediction for the proposed construction industry payment and adjudication act
title_full Adjudicator determines own jurisdiction : a prediction for the proposed construction industry payment and adjudication act
title_fullStr Adjudicator determines own jurisdiction : a prediction for the proposed construction industry payment and adjudication act
title_full_unstemmed Adjudicator determines own jurisdiction : a prediction for the proposed construction industry payment and adjudication act
title_sort adjudicator determines own jurisdiction : a prediction for the proposed construction industry payment and adjudication act
granting_institution Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department Faculty of Built Environment
publishDate 2010
_version_ 1747816418166964224