The year 2017 witnessed considerable development in case law on
statutory adjudication in Malaysia. This is probably due to the
increasing use of this form of dispute resolution mechanism by
stakeholders in the construction industry since its inception in
2014. This article examines some of the significant decisions that
have been handed down by the Malaysian courts in 2017 and their
impact on statutory adjudication under the Construction Industry
Payment and Adjudication Act 2012 ("CIPAA").
EXPANSION OF ADJUDICATOR'S JURISDICTION
The jurisdiction of an adjudicator which used to be limited to
matters set out in the payment claim and payment response has now
been significantly expanded by the Federal Court in View Esteem
Sdn Bhd v Bina Puri Holdings Berhad [2017] 8 AMR 167
("View Esteem"). Adjudicators are now
not precluded from considering all defences raised by a respondent
in an adjudication response even if such defences were not included
in the payment
