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HIGH COURT MALAYA KUALA LUMPUR
PUNJ LLOYD SDN BHD – Appellant
Versus
RAMO INDUSTRIES SDN BHD & ANOR AND ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. stay applications depend on ongoing related arbitration. (Para 1 , 132) |
| 2. existence of a valid written contract is essential for adjudication. (Para 2 , 3 , 5) |
| 3. existence of a construction contract is fundamental to adjudicator's jurisdiction. (Para 4) |
| 4. payment claims under cipaa must be based on valid contracts. (Para 17 , 20 , 23 , 24) |
| 5. jurisdictional challenges in adjudication must consider contractual arrangements. (Para 26) |
| 6. jurisdictional challenges necessitate a fresh review of facts. (Para 30 , 31 , 32) |
| 7. estoppel arises when a party acts consistently with a contractual position. (Para 62 , 63 , 68) |
[1] There were two Originating Summonses that were directed to be heard together, as is so often the case where one is for setting aside an Adjudication Decision and another is for enforcement of the Adjudication Decision. There was also a separate prayer made within the Setting Aside Originating Summons to stay the Adjudication Decision pending the conclusion of an arbitration involving the same subject matter of the dispute in India.
Parties
[2] The parties must now be introduced. Punj Lloyd Sdn Bhd ("PLSB") had applied as the plaintiff to set aside the Adj
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