20 Oct 2023
EMBITION SDN BHD KONSORTIUM EXPRESS SDN BHD
- Citation
- WA-24C-81-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-81-05/2023 (Mahkamah Tinggi)
The High Court dismissed Embition's applications to set aside (s15 CIPAA) and to stay the adjudication (Arbitration Act s16) because the Adjudicator acted within his discretion (including not holding an oral hearing), properly considered and relied on the Architect's certification which Embition failed to challenge in adjudication, and Embition did not prove exceptional circumstances to justify a stay; therefore the adjudication decision is enforceable under s28 CIPAA and enforcement orders are granted.