Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Independence and impartiality of adjudicator

Legal area

Court

17 Sept 2024

GOODWINDS PROJECT SOLUTIONS SDN BHD OKG (MALAYSIA) SDN BHD

Citation

WA-24C-44-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-44-03/2024 (Mahkamah Tinggi)

The court held the adjudicator did not exceed his jurisdiction and acted independently and impartially because he posed the correct legal question, considered the Cost Proposal and evidence and reasonably concluded the works were construction/fit‑out works not regulated interior design consultancy under the Architects Act; accordingly the setting aside and stay applications were dismissed and the adjudication award was ordered enforced.
17 Sept 2024

OKG (MALAYSIA) SDN. BHD. GOODWINDS INTERIOR DESIGN SDN. BHD.

Citation

WA-24C-26-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-26-02/2024 (Mahkamah Tinggi)

The court held the adjudicator did not exceed his jurisdiction nor act without independence or impartiality because he addressed the relevant legal questions, correctly classified the scope as construction works rather than regulated interior design consultancy, considered the evidence and submissions, and therefore the setting aside application failed; consequently the adjudication decision was enforceable and enforcement ordered.