Malaysia Court of Appeal rules adjudicator acted in excess of jurisdiction and in breach of natural justice by ruling on unpleaded issue

27 June 2023

JKP Sdn. Bhd v Anas Construction Sdn Bhd [2022] 10 CLJ 528

The Malaysia Court of Appeal in JKP Sdn. Bhd v Anas Construction Sdn Bhd set aside an adjudication decision on the basis that the adjudicator exceeded his jurisdiction in deciding on an unpleaded claim and was in breach of natural justice for not giving the parties the opportunity to state their positions on an unpleaded clause in the contract upon which the adjudicator had relied.

This article by our associate firm in Malaysia, Rahmat Lim & Partners, provides an overview of the court’s findings and practical implications for adjudicators and adjudicating parties. To read the full article on the Rahmat Lim & Partners’ website, please click here.