6 Feb 2023
MCC OVERSEAS (M) SDN BHD TENG YUE OVERSEAS CONSTRUCTION SDN BHD
- Citation
- JA-24C-2-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-24C-2-01/2022 (Mahkamah Tinggi)
Pending arbitration alone is not a ground to set aside an adjudication decision; the High Court's role under s.15 CIPAA is not to review merits but to determine limited statutory grounds (fraud, denial of natural justice, lack of impartiality, excess jurisdiction); no denial of natural justice or excess of jurisdiction was established and no special circumstances justified a stay under s.16; therefore the setting aside and stay applications were dismissed and the adjudication decision was enforceable under s.28.