Adjudicator determines own jurisdiction: a prediction for the proposed construction industry payment and adjudication act

Adjudication always been said as a cheaper and speedier dispute resolution mechanism which gives a party a statutory right to adjudication. Currently Malaysian construction industry is waiting for the Construction Industry Payment and Adjudication Act (CIPAA) to come into force. The experience from...

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Main Author:	Mohd. Yusop, Imran
Format:	Thesis
Language:	English
Published:	2010
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/36575/5/ImranMohdYusopMFAB2010.pdf
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id	my-utm-ep.36575
record_format	uketd_dc
spelling	my-utm-ep.365752017-09-20T08:42:07Z Adjudicator determines own jurisdiction: a prediction for the proposed construction industry payment and adjudication act 2010-07 Mohd. Yusop, Imran TH Building construction Adjudication always been said as a cheaper and speedier dispute resolution mechanism which gives a party a statutory right to adjudication. Currently Malaysian construction industry is waiting for the Construction Industry Payment and Adjudication Act (CIPAA) to come into force. The experience from other countries relating to adjudication mainly on complex issues like jurisdiction of adjudicator must surely mean any new model should be an improvement over earlier statutes. Whilst the cases regarding adjudicator jurisdiction keep growing, the proposed CIPAA should be well prepared to face similar issues and one of it is on the adjudicator determines own jurisdiction. Accordingly, it is the objective of this research to determine the position of the proposed CIPAA in relation to the legal position on the issue of adjudicator determines own jurisdiction. This research focuses on the United Kingdom cases relating to this issue under the Housing Grants, Construction and Regeneration Act (HGCRA) 1996. From there, this research studies on the principle created on the issue of adjudicator determines own jurisdiction. Then, the proposed CIPAA be anticipated to look on its position on this issue. It is can be learnt that there is loophole in the provisions of the proposed CIPAA which can continue the jurisdictional challenge as been experience by the HGCRA 1996. Thus, it is essential for the proposed CIPAA to provide a concrete measures to prevent the similar issue arise 2010-07 Thesis http://eprints.utm.my/id/eprint/36575/ http://eprints.utm.my/id/eprint/36575/5/ImranMohdYusopMFAB2010.pdf application/pdf en public masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH Building construction
spellingShingle	TH Building construction Mohd. Yusop, Imran Adjudicator determines own jurisdiction: a prediction for the proposed construction industry payment and adjudication act
description	Adjudication always been said as a cheaper and speedier dispute resolution mechanism which gives a party a statutory right to adjudication. Currently Malaysian construction industry is waiting for the Construction Industry Payment and Adjudication Act (CIPAA) to come into force. The experience from other countries relating to adjudication mainly on complex issues like jurisdiction of adjudicator must surely mean any new model should be an improvement over earlier statutes. Whilst the cases regarding adjudicator jurisdiction keep growing, the proposed CIPAA should be well prepared to face similar issues and one of it is on the adjudicator determines own jurisdiction. Accordingly, it is the objective of this research to determine the position of the proposed CIPAA in relation to the legal position on the issue of adjudicator determines own jurisdiction. This research focuses on the United Kingdom cases relating to this issue under the Housing Grants, Construction and Regeneration Act (HGCRA) 1996. From there, this research studies on the principle created on the issue of adjudicator determines own jurisdiction. Then, the proposed CIPAA be anticipated to look on its position on this issue. It is can be learnt that there is loophole in the provisions of the proposed CIPAA which can continue the jurisdictional challenge as been experience by the HGCRA 1996. Thus, it is essential for the proposed CIPAA to provide a concrete measures to prevent the similar issue arise
format	Thesis
qualification_level	Master's degree
author	Mohd. Yusop, Imran
author_facet	Mohd. Yusop, Imran
author_sort	Mohd. Yusop, Imran
title	Adjudicator determines own jurisdiction: a prediction for the proposed construction industry payment and adjudication act
title_short	Adjudicator determines own jurisdiction: a prediction for the proposed construction industry payment and adjudication act
title_full	Adjudicator determines own jurisdiction: a prediction for the proposed construction industry payment and adjudication act
title_fullStr	Adjudicator determines own jurisdiction: a prediction for the proposed construction industry payment and adjudication act
title_full_unstemmed	Adjudicator determines own jurisdiction: a prediction for the proposed construction industry payment and adjudication act
title_sort	adjudicator determines own jurisdiction: a prediction for the proposed construction industry payment and adjudication act
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2010
url	http://eprints.utm.my/id/eprint/36575/5/ImranMohdYusopMFAB2010.pdf
_version_	1747816437009874944

Adjudicator determines own jurisdiction: a prediction for the proposed construction industry payment and adjudication act

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