OF DATES, ESTOPPEL AND ADJUDICATOR’S PRIOR EXPERIENCE

It is common belief that adjudications unduly favour the unpaid party and that attempts to set aside the decision are ordinarily unsuccessful. This is due to the courts adopting a pro-adjudication policy, whereby adjudication decisions can only be set aside for failure of process and not by reason of the merits of the decision itself. […]

The aftermath of Binance

Those familiar with the cryptocurrency scene in Malaysia would have definitely heard of Binance – the world’s largest cryptocurrency exchange by trading volume (source:coinmarketcap.com) which all this while, has been unlicensed and unregulated in Malaysia. On 30.07.2021, the Securities Commission Malaysia (“SC”) announced that it will be taking enforcement actions against Binance for illegally operating a Digital Asset Exchange (“DAX”) in Malaysia. Under Sections 7(1) and 34(1) of the Capital […]

TEST FOR BIAS AGAINST AN ADJUDICATOR

S 15 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) provides that an aggrieved party may apply to the High Court to set aside an adjudication decision if “(c) the adjudicator has not acted independently or impartially”. This sounds very akin to the rule against bias which is generally accepted as the […]

When does cause of action arise in a claim against a consultant?

Introduction The recent decision of Pembinaan BLT Sdn Bhd v Nazarin (NBM) Sdn Bhd & Ors highlight a slight discrepancy in timing as to when a cause of action may arise against a consultant. This is important because under the Limitation Act 1953, a claim may be barred by limitation after the expiry of 6 […]

Damages in construction contracts

Damages is simply the compensation that a contracting party claims against the other contracting party for breaches of contract. In construction contracts, the nature of damages would ordinarily be the additional costs incurred.   These additional costs may arise from a multitude of factors including variations, delays, disruption, acts of prevention by the Employer, acceleration costs, design issues, suspension and termination of […]