Issues on Disputes in Statutory Adjudication in the Construction Industry

Abd Ghadas, Zuhairah Ariff (2014) Issues on Disputes in Statutory Adjudication in the Construction Industry. In: Information Ethics and Security. Internatiaonl Association of IT Lawyers, United Kingdom, pp. 246-258. ISBN 10-87-994854-4-3

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Abstract

Adjudication is one of the methods of alternative dispute resolution which is applied in both the United Kingdom and Malaysian construction industry. However, the history of adjudication in the UK’s construction industry goes a long way back compared to the application of adjudication in the Malaysian construction industry. With the enactment of Construction Industry Payment and Adjudication Act (CIPAA) in September 2012, adjudication is legally and formally recognized as the main mechanism to resolve payment issues in the Malaysia construction industry. However, as specified in the name of the CIPAA 2012, the application of adjudication shall only be confined to payment issues. This paper looks into the issues on disputes which are subjected to statutory adjudication and discussions in this paper are purposely confined to the Malaysian law and English law to see where the principles of law of these jurisdictions depart or entwine with one another albeit the English law being the main reference in enacting the Malaysian legislation. Research methodologies adopted in this paper are statutory and doctrinal analysis.

Item Type: Book Section
Subjects: K Law > K Law (General)
Faculty / Institute: Faculty of Law, Accountancy & International Relations
Depositing User: Prof. Dr Zuhairah Ariff Abd Ghadas
Date Deposited: 01 Jan 2015 08:18
Last Modified: 01 Jan 2015 08:18
URI: http://erep.unisza.edu.my/id/eprint/2784

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