Malaysia Federal Court finds ruling on unpleaded issue fatal to adjudication decision

29 October 2024

Anas Construction Sdn Bhd v JKP Sdn Bhd & another appeal [2024] CLJU 63

The Malaysian Federal Court in Anas Construction Sdn Bhd v JKP Sdn Bhd & Another Appeal has affirmed the Court of Appeal’s decision that an adjudicator’s jurisdiction is limited to matters referred to the adjudicator pursuant to section 5 of the Construction Industry Payment and Adjudication Act 2012.

This article by our associate firm in Malaysia, Rahmat Lim & Partners, explores the basis on which the Federal Court reached its majority decision and the practical implications for adjudicators and adjudicating parties. It is available on their website.