Profile of cases relating to CIPAA 2012 reffered to court

There have been several positive developments in the realm of construction dispute resolution in Malaysia in recent years. The more notable includes, among others, the setting up of Construction Courts and the transformation of the courts system and the implementation of a statutory adjudication reg...

Full description

Saved in:

Bibliographic Details
Main Author:	Peh, Ruoh Fu
Format:	Thesis
Language:	English
Published:	2019
Subjects:	TX955-985 Building management
Online Access:	http://eprints.utm.my/id/eprint/86854/1/PehRuohFuMFABU2019.pdf
Tags:	Add Tag No Tags, Be the first to tag this record!

id	my-utm-ep.86854
record_format	uketd_dc
spelling	my-utm-ep.868542020-09-30T09:08:54Z Profile of cases relating to CIPAA 2012 reffered to court 2019 Peh, Ruoh Fu TX955-985 Building management There have been several positive developments in the realm of construction dispute resolution in Malaysia in recent years. The more notable includes, among others, the setting up of Construction Courts and the transformation of the courts system and the implementation of a statutory adjudication regime through the CIPAA 2012. However, there have been instances whereby the adjudication decision was referred to the court in order to set it aside. Therefore, the objective of this research is to develop a profile of these cases. The approach adopted in this research is case law based and only cases between the years 2014 - 2018 reported by Malayan Law Journal will be focused in this study. A total number of 45 cases were studied and the analysis and subsequent findings revealed that there was a total of 25 cases whereby the adjudication decision was set aside due to the adjudicator has acted in excess of his jurisdiction, followed by 18 cases due to a denial of natural justice, 4 cases in which the adjudicator has not acted independently or impartially and 2 cases whereby the process of the proceedings was improperly procured through fraud or bribery, In summary, finding of this research will be able to increase the awareness of the construction players of the current scenario in relation to payment disputes as well as to assist them in addressing and overcoming the problems associated to payment disputes in Malaysian construction industry. 2019 Thesis http://eprints.utm.my/id/eprint/86854/ http://eprints.utm.my/id/eprint/86854/1/PehRuohFuMFABU2019.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:131514 masters Universiti Teknologi Malaysia, Faculty of Built Environment & Surveying Faculty of Built Environment & Surveying
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TX955-985 Building management
spellingShingle	TX955-985 Building management Peh, Ruoh Fu Profile of cases relating to CIPAA 2012 reffered to court
description	There have been several positive developments in the realm of construction dispute resolution in Malaysia in recent years. The more notable includes, among others, the setting up of Construction Courts and the transformation of the courts system and the implementation of a statutory adjudication regime through the CIPAA 2012. However, there have been instances whereby the adjudication decision was referred to the court in order to set it aside. Therefore, the objective of this research is to develop a profile of these cases. The approach adopted in this research is case law based and only cases between the years 2014 - 2018 reported by Malayan Law Journal will be focused in this study. A total number of 45 cases were studied and the analysis and subsequent findings revealed that there was a total of 25 cases whereby the adjudication decision was set aside due to the adjudicator has acted in excess of his jurisdiction, followed by 18 cases due to a denial of natural justice, 4 cases in which the adjudicator has not acted independently or impartially and 2 cases whereby the process of the proceedings was improperly procured through fraud or bribery, In summary, finding of this research will be able to increase the awareness of the construction players of the current scenario in relation to payment disputes as well as to assist them in addressing and overcoming the problems associated to payment disputes in Malaysian construction industry.
format	Thesis
qualification_level	Master's degree
author	Peh, Ruoh Fu
author_facet	Peh, Ruoh Fu
author_sort	Peh, Ruoh Fu
title	Profile of cases relating to CIPAA 2012 reffered to court
title_short	Profile of cases relating to CIPAA 2012 reffered to court
title_full	Profile of cases relating to CIPAA 2012 reffered to court
title_fullStr	Profile of cases relating to CIPAA 2012 reffered to court
title_full_unstemmed	Profile of cases relating to CIPAA 2012 reffered to court
title_sort	profile of cases relating to cipaa 2012 reffered to court
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment & Surveying
granting_department	Faculty of Built Environment & Surveying
publishDate	2019
url	http://eprints.utm.my/id/eprint/86854/1/PehRuohFuMFABU2019.pdf
_version_	1747818512944988160

Profile of cases relating to CIPAA 2012 reffered to court

Similar Items