Wong Kian Kheong J:

JUDGMENT

(2 originating summonses)

A. Introduction

[1] By consent of both parties, the following two originating summonses (OS) are heard together:

(1)OS no. BA-24C-48-08/2021 (Enforcement OS) has been filed by High Rise Millenium Sdn. Bhd. (HRM) against Pelangi Hartajaya Sdn. Bhd. (PH) for leave of court under s 28Construction Industry Payment and Adjudication Act 2012CIPAA) to enforce an adjudication decision made on 11.6.2021 by Mr. Wilson Ho Sheen Lik (Adjudicator) in favour of HRM against PH (Adjudication Decision); and

(2)PH has filed amended OS no. BA-24C-56-09/2021 (Amended Stay OS) against HRM for a court order pursuant to s 16(1)(b)CIPAAArbitration).

B. Background

[2] By way of a “Letter of Award” dated 25.8.2016 (LA), PH had appointed HRM as a contractor for substructure, superstructure and infrastructure works (Works) in a condominium project (Project).

[3] Clause 5(a) LA has provided that the form of contract between PH and HRM “shall be based on the “Agreement and Conditions of Building Contract, Private Edition Without Quantities (Edition 1998) issued under the sanction of Pertubuhan Arkitek Malaysia (PAM) and the Institution of Surveyors, Malaysia subject