The construction industry has traditionally looked to arbitration as an alternative to court resolution of its disputes. For some time, it was the speed and flexibility of arbitrations that gave it the edge. As construction strove for efficiency, the need for even more expeditious mechanisms to resolve disputes and to free up cash flow for people on the ground became more acute. Statutory adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) came to the fore.
It has been five years since CIPAA came into force. This conference looks at the way in which statutory adjudication has altered the landscape of construction dispute resolution. The discussions in this conference cannot be timelier, given the landmark decisions by the Malaysian courts in 2017 and 2018, including the Federal Court’s in View Esteem Sdn Bhd v Bina Puri Holdings Bhd  1 LNS 1378 and the Court of Appeal’s in Bauer (Malaysia) Sdn Bhd v Jack-in-Pile (M) Sdn Bhd & Anor Appeal  1 LNS 427, both of which have each set on foot a wave of other decisions which sparked much debate. Where do we now stand? How do the courts look at decisions handed down from statutory adjudications – are the beneficiaries of these adjudication decisions assured of timely payment? Is CIPAA retrospective in its application? What now is the position of pay-when-paid clauses in pre-existing arms-length contracts? Have adjudications spawned more arbitrations? These are but some of the current issues that will be discussed at this seminar by eminent Judges well known in the arena of construction dispute resolution, and experienced industry persons who will share insights and their practical experiences in several key areas of construction dispute resolution.