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2014 MarsdenLR 2295

HIGH COURT MALAYA KUALA LUMPUR
UDA HOLDINGS BERHAD – Appellant
Versus
BISRAYA CONSTRUCTION SDN BHD & ANOR AND ANOTHER APPEAL – Respondent


[1] The Construction Industry Payment and Adjudication Act 2012 (Act 746) (CIPAA) is a much awaited piece of legislation. For years, the idea of establishing such a regime was bandied around both in the construction industry and the legal profession that serves that industry. It would be fair to say that until the Arbitration Act of 2005 [Act 646] was ensconced in the legal landscape, and that piece of legislation was itself long in making its appearance, the idea of introducing and adopting the English practice of adjudication was seen with much scepticism. So, when CIPAA was finally enacted by Parliament in 2012, it was welcomed with much fanfare. Numerous courses, seminars, lectures, conferences were organised to introduce and familiarise all who were either affected by or simply interested or curious to know about CIPAA. Many assumed training as adjudicators, anticipating to play some role when the Act was enforced.

[2] Little did anyone know that CIPAA was not to come into force for another two years. It was not until 15 April 2014 that at the simultaneous launch of the Construction Court at Kuala Lumpur and Shah Alam, the Minister in charge announced that CIPAA would come into

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