ABSTRACT
The role of the adjudicator in Malaysia is to decide the merits of the construction dispute referred to them by the parties within the scope of the adjudication in a fair and impartial manner and to render an enforceable adjudication determination. The Construction Industry Payment and Adjudication Act 2012 (CIPAA) applies to every construction contract made in writing, relating to construction works carried out wholly, within the territory of Malaysia, including construction contracts entered into by the Government. The CIPAA expressly retains the parties' rights under the construction contract and reinforces the "dual railroad track system" approach to construction adjudication. There is an increasing practice of parties appointing legal representatives to engage in the whole adjudication proceedings as issues of jurisdiction challenges and substantial quantum are involved in construction adjudication. The adjudicator is required to determine if interest is due and payable, the rate and also the commencement date of the interest in his decision.
