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Gan Partnership | Malaysia | 9 Aug 2022

CIPAA: made, released or delivered?

In adjudication, time is key. Parties to an adjudication, including an adjudicator, are held to strict timelines. However, for purpose of an adjudication decision, how is time to be computed? The High Court tackled this question in a recent case. Parties should take proactive steps to confirm the date for when the adjudication decision must be made and assist the adjudicator in calculating it.
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Lexology PRO | Austria | 29 Jul 2022

Austrian enforcer asks Cartel Court to reexamine decision for first time

The Austrian antitrust watchdog is urging the country’s Cartel Court to review its decision to impose discounted fines on the country’s largest construction company for its role in a bid-rigging cartel after finding the leniency applicant may have concealed evidence.
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Penningtons Manches Cooper LLP | United Kingdom | 5 Jul 2022

Increased access to adjudication under collateral warranties

The recent Court of Appeal (CoA) decision in Abbey v Simply Construct [2022] EWCA Civ 823 will increase access to adjudication under collateral…
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Charles Russell Speechlys | United Kingdom | 22 Jun 2022

Court of Appeal finds Collateral Warranties can be a ‘Construction Contract’

The Court of Appeal has today handed down judgment in the case of Abbey Healthcare (Mill Hill) Limited and Simply Construct (UK) LLP [2022] EWCA Civ…
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Gan Partnership | Malaysia | 10 May 2022

Limits to adjudicators' powers

Adjudicators are granted wide discretionary powers under section 25 of the Construction Industry Payment and Adjudication Act 2012. The High Court recently discussed whether there is a limit to the adjudicator's powers to "inquisitorially take the initiative to ascertain the facts and the law required for the decision", especially when such facts and law would have a significant impact upon......
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Jones Day | USA | 18 Apr 2022

Home-Court Rules and Construction Disputes: An Update

A growing number of states have enacted "home-court" laws of varying scope that require construction disputes to be litigated or arbitrated in the…
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Gan Partnership | Malaysia | 29 Mar 2022

Construction contracts: no relief against government under section 7 of Covid-19 Act

The Covid-19 Act continues to raise riveting legal issues in the Malaysian courts. In SN Akmida Holdings Sdn Bhd v Kerajaan Malaysia, a Malaysian high court was tasked to decide whether the relief of contractual obligations under section 7 of the Covid-19 Act applies to construction contracts to which the government is a party.
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Hassan Elhais | United Arab Emirates | 22 Mar 2022

What do you need to know about the limitation period in the UAE?

Limitation period refers to the time period within which a claim has to be submitted before the rightful forum or court. When a claim is submitted…
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Squire Patton Boggs | Australia | 11 Mar 2022

Spotlight on SOPA Western Australia - Part 1

On 1 August 2022, stage 1 of the reforms brought about by the new Building and Construction (Security of Payment) Act 2021 (WA) (SOPA) comes in to fo…
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Gan Partnership | Malaysia | 22 Feb 2022

Restricted from counterclaiming based on adjudication decision?

It is common for parties to refer their construction disputes to adjudication under the Construction Industry Payment and Adjudication Act 2012. However, in a situation where one half of the main contractor has had an adjudication decision awarded against them, can they counterclaim for the adjudication decision sums through the courts? This was explored in a recent case.
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