A Study on Current Dynamics in Adjudication Implementation in Malaysian Construction through Law Cases Analysis

Abstract

Adjudication is currently in its green age, where many lessons and experience are yet to be learnt. The implementation since its first introduction in 2012 has shown a progressive dynamic as it is widely applied, with many claims resolved, despite numerous being referred to arbitration and litigation. Challenges made against the adjudication decision under various bases and the court only allows for limited grounds for challenges. The paper aims to establish the valid approaches to challenge adjudication decision within the Construction Industry Payment and Adjudication (CIPA) Act 2012 implementation. The objectives include underlining the common problems occurring within the implementation through the behaviour of adjudication practice and studying the basis for challenges in adjudication decision. Law case analysis was carried out using thematic analysis by extracting court judgements from several law cases and categorizing them within a particular theme. Once the data with similar theme was filtered, deductive reasoning was used to extract the conclusion. Limited grounds for admissibility of challenges included a claim against adjudicator acting in excess of his given jurisdiction and/or adjudicator who is in breach of natural justice. Limited ground for challenges are important to ensure the relevance of the adjudication institution while maintaining the role of the judiciary in conserving the fairness and justice within its implementation.