JUDGMENT

Aliza Sulaiman J:

Introduction

[1] These applications under the Construction Industry Payment and Adjudication Act 2012 [Act 746] ('CIPAA') were heard together with the consent of the parties. A novel issue was raised by Tenaga Nasional Berhad ('TNB') in its application in Originating Summons No WA-24C-165-08/2022 ('O.S. No 165') to set aside the Adjudication Decision dated 10 August 2022 ('AD') by the learned Adjudicator, Mr Kamesam Shankar pursuant to s 15(b) and/ or (d) of the CIPAA ('Setting Aside Application') concerning the meaning of the words "referred concurrently' in sub-section 37(1) CIPAA. TNB took the position that these words should be given their plain grammatical meaning and therefore, as the adjudication was not initiated simultaneously or within a reasonable time after the commencement of arbitration, Malaysian Resources Corporation Berhad ('MRCB') has breached sub-section 37(1) CIPAA and the Adjudicator is deprived of his jurisdiction to adjudicate the dispute.

[2] The other two applications are by-

(a) TNB pursuant to s 16(1)(a) and/ or (b) of the CIPAA in O.S. No. WA-24C-166-08/2022 ('O.S. No 166') to stay the AD ('Stay Application') pending the disposal