JVs can be incorporated or unincorporated. An incorporated JV is one where two companies come together and form a new JV company. For example, A Sdn Bhd collaborates with B...
Ordinarily, once a company is facing winding-up proceedings, it is not allowed to prefer one unsecured creditor over another. Otherwise, it would be construed as the company defrauding one of...
The Construction Industry Payment and Adjudication Act (CIPAA) was enacted by the government of Malaysia in 2012 and came into effect in April 2014. The CIPAA Act aims to provide...
The construction industry is the most essential part of a country’s economy. It is also a fertile ground for many disputes. Delay in payments of construction projects hinders the potential...
The growth of the construction industry in Malaysia has given rise to several construction-related disputes. To address these problems, the Construction Industry Payment & Adjudication Act (CIPAA), 2012 was enacted...
On 16 October 2019, the Federal Court in the case of Jack-in-Pile (M) Sdn Bhd v Bauer (Malaysia) Sdn Bhd ruled the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”)...
Contrary to what is suggested in the title, the respondent in an adjudication proceeding would not be subject to repercussions if he were to not to file or serve a...
Are you thinking of whether to pursue adjudication through CIPAA Malaysia instead of arbitration or litigation? Let’s go over what the differences are and whether they are suitable for your...
Section 30 CIPAA provides as follows: “(1) If a party against whom an adjudication decision was made fails to make payment of the adjudicated amount, the party who obtained the...