Adjudication (CIPAA 2012)

CIPAA 2012 introduces a new mechanism which offers speedy dispute resolution of payment disputes under construction contract via Statutory Adjudication. It is a summary procedure for the resolution of payment disputes under construction contracts providing temporary finality to payment disputes (unless and until challenged in court or arbitration).

With decisions made typically within 100 days and with no limit as to the value of the dispute, statutory adjudications have become commercially more attractive to clients in the construction industry.

HLP is at the forefront of the development of the Malaysian CIPAA Act 2012 and since its inception in May 2015, it has commence and/or defended more than 100 adjudication cases.

At HLP we recognise that long protracted litigation would not be attractive to most businesses (unless it cannot be avoided) and as such, despite the flaws and/or pitfalls of statutory adjudication in the country, if used strategically and with proper planning, adjudication can be an efficient manner of resolving payment disputes in the construction industry.

3 of our Partners are accredited adjudicators and empaneled on the board of adjudicators in the Asian International Arbitration Centre. Our co-founder, Lam Wai Loon, was the President of the Malaysian Society of Adjudicators. With the benefit of sitting both as an adjudicator and acting as counsel in adjudications, we are able to provide a more holistic and commercially viable advice or option to our clients.