11 Dec 2023
TENAGA NASIONAL BERHAD MALAYSIAN RESOURCES CORPORATION BERHAD
- Citation
- WA-24C-161-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-161-08/2022 (Mahkamah Tinggi)
The Court held that the adjudicator had jurisdiction despite arbitration having been commenced earlier because s.37 CIPAA permits adjudication to proceed and adjudication may be activated at any time where there is a valid payment claim; the Payment Claim (together with its covering letter) complied with s.5(2) CIPAA; there was no breach of natural justice or excess of jurisdiction under s.15; accordingly the challenge (OS160) was dismissed, the adjudication decision was ordered enforced (OS162) under s.28 CIPAA, and the application for stay (OS161) was dismissed.