BEST PRACTICES IN ENSURING NATURAL JUSTICE IN ADJUDICATION PROCEEDINGS
This study explores the interplay between natural justice principles and adjudication within the Malaysian construction industry, focusing on challenges under the Construction Industry Payment and Adjudication Act (CIPAA). It assesses the impact of CIPAA on natural justice through a review of case l...
| Published in: | Planning Malaysia |
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| Main Author: | |
| Format: | Article |
| Language: | English |
| Published: |
Malaysian Institute Of Planners
2024
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| Online Access: | https://www.scopus.com/inward/record.uri?eid=2-s2.0-85196117841&doi=10.21837%2fpm.v22i31.1478&partnerID=40&md5=69d6522fbac0d6c82cb97df0b8be1cc3 |
| Summary: | This study explores the interplay between natural justice principles and adjudication within the Malaysian construction industry, focusing on challenges under the Construction Industry Payment and Adjudication Act (CIPAA). It assesses the impact of CIPAA on natural justice through a review of case law from 2014 to 2017, highlighting 11 key cases where adherence to natural justice was questioned. The study proposes best practices, including Obtaining agreement from the claimant for the request to extension time by the respondent to enhance fairness and reduce legal disputes in adjudication. © 2024 by MIP. |
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| ISSN: | 16756215 |
| DOI: | 10.21837/pm.v22i31.1478 |