About the Webinar
This webinar will look at the Malaysian experience in statutory adjudication, by comparison with English, Australian and Singaporean experiences. We will discuss landmark decisions on core issues in adjudication, such as on the scope of the legislation, the jurisdiction of the adjudicator, natural justice, and on how the regime of statutory adjudication fits with other ADR modes.
- What have we learned 7 years on?
- An overview of the statutory adjudication regime in Malaysia – the Construction Industry Payment and Adjudication Act 2012
- Key concepts of adjudication
- Its purpose and scope
- Co-existence with court / arbitration
- Jurisdiction – a narrow path to tread?
- Powers of the adjudicator
- Balancing competing concepts – expediency v natural justice
- The Adjudication Decision – how much or how little?
- Enforcement of an Adjudication Decision
- We will look at landmark decisions in Malaysia, and how these align with other jurisdictions practicing statutory adjudication. Some lessons to be learned, perhaps?
About the Speaker
Foo Joon Liang
Partner, Gan Partnership
Foo Joon Liang is a partner at Gan Partnership, a firm he co-founded in 2011. He is a Fellow of the Chartered Institute of Arbitrators (CIArb), United Kingdom, Singapore Institute of Arbitrators (SIArb), and Hong Kong Institute of Arbitrators (HKIArb).
Joon Liang is presently the Immediate Past Chairman of the Malaysian Branch of CIArb and a Committee Member of the ICC Malaysia Arbitration Committee. He sits on the panel of arbitrators and adjudicators of the Asian International Arbitration Centre (AIAC) and the Securities Industry Dispute Resolution Center (SIDREC)’s Panel of Mediators and Adjudicators. He is one of the first 10 Malaysian appointees to the panel of arbitrators of the Hainan International Arbitration Court.
Joon Liang is listed as a Future Leader in Construction by Who’s Who Legal (WWL) for three consecutive years. WWL noted “Foo Joon Liang has impressive experience in high-value construction disputes across litigation and arbitration proceedings.” His ability in dispute resolution and construction have also received noteworthy testimonies on the Legal 500 Asia Pacific 2021 and Benchmark Litigation publications.
Joon Liang has spent the past 20 years building upon an active dispute resolution practice in arbitration, litigation and adjudication. He regularly appears as counsel in arbitration as well as at all levels of the Malaysian courts. His expertise covers a broad spectrum of complex and high value disputes, especially in engineering, construction, and energy. His notable representations include the first and oft-cited Construction Industry Payment & Adjudication Act 2012 (CIPAA) case decided by the Malaysian apex court, the first reported constitutional challenge on statutory adjudication against the AIAC in Malaysia, and a recent landmark decision on the interplay between the direct payment provision of CIPAA and insolvency laws which ensures financing of on-going construction projects in Malaysia.
Joon Liang has been increasingly involved in engineering and geotechnical incidents in construction projects. He is acting in a series of disputes arising from a bridge collapse which involved leading engineering experts from Europe and Asia. He also represented the engineering consultants in a highly publicised hill slope failure before a State Commission Inquiry in Malaysia.
Joon Liang often speaks at conferences and trains with the Malaysian Bar’s advocacy training programme for advocates. He has authored several publications in Arbitration and Dispute Resolution, his scholarly contributions include a book titled “Manoeuvring Corporate Governance in Malaysia: Litigation Perspectives” published by Lexis Nexis Malaysia in March 2021.