28 Jul 2023
TENAGA NASIONAL BERHAD MALAYSIAN RESOURCES CORPORATION BERHAD
- Citation
- WA-24C-165-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-165-08/2022 (Mahkamah Tinggi)
Court held s37(1) CIPAA must be read purposively: "may" is permissive and "referred concurrently" does not demand literal simultaneous commencement; adjudication may be initiated after arbitration has commenced so long as CIPAA's purpose (swift payment relief) is respected. The Payment Claim complied with s5(2); the adjudicator did not act beyond jurisdiction nor breach natural justice; there were no clear and unequivocal errors or justice reasons to justify a stay; enforcement under s28(1) CIPAA was therefore granted.