Malaysia Case Law: Decisions & Judgments

Topic

Enforcement under cipaa s28

Legal area

Court

7 Mar 2025

PUNCAK TASNIM SDN BHD KT ADVANCE CONSTRUCTION SDN BHD

Citation

AA-24NCC(ARB)-1-07/2024 (Mahkamah Tinggi)
Court

ARB
Case number

AA-24NCC(ARB)-1-07/2024 (Mahkamah Tinggi)

The plaintiff failed to prove the adjudicator acted with bias or exceeded jurisdiction; contemporaneous project documents supported the defendant's claims; the adjudicator lawfully rejected the 'without prejudice' letter without breaching natural justice; therefore the setting aside application is dismissed and the adjudication award is enforceable.
29 Mar 2024

China Communications Construction Company (M) Sdn Bhd Jiangsu Zhongnan Construction Group (Malaysia) Sdn Bhd

Citation

WA-24C-219-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-219-12/2021 (Mahkamah Tinggi)

The court found the Adjudicator did not act in excess of jurisdiction and did not breach natural justice; the adjudicator considered the DPA, estoppel and relevant evidence and asked himself the right questions; no special circumstances were shown to warrant a stay pending setting aside and arbitration; accordingly the s16 stay application (OS 219) was dismissed with costs.
27 Oct 2020

E.A TECHNIQUE (M) SDN BHD MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD

Citation

wa-24c-217-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

wa-24c-217-10/2019 (Mahkamah Tinggi)

The court held that s16 CIPAA permits a stay and an adjudication decision enforced under s28 is not merged into a judgment, but EAT failed to demonstrate clear and unequivocal errors or special circumstances meeting the justice of the individual case; MMHE's financial position meant there was no real risk of non-repayment and EAT's alleged prejudice was self‑inflicted, therefore the stay application was dismissed.

Malaysia Case Law

PUNCAK TASNIM SDN BHD KT ADVANCE CONSTRUCTION SDN BHD

China Communications Construction Company (M) Sdn Bhd Jiangsu Zhongnan Construction Group (Malaysia) Sdn Bhd

E.A TECHNIQUE (M) SDN BHD MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD