Kuala Lumpur & Johor·Construction disputes since 2014
Plan your timeline
Turning adjudication decisions and arbitral awards into money — and resisting or bringing applications to set them aside or stay enforcement.
Practice 06

Enforcement & setting-aside

A decision or award that cannot be enforced is worth little. We take adjudication decisions to judgment and execution, defend them against setting-aside and stay applications, and — where there is a proper basis — challenge decisions that went wrong on jurisdiction or natural justice.

Enforcing an adjudication decision

An adjudication decision can be enforced as if it were a judgment of the High Court under s.28 CIPAA, and it can also found winding-up or other execution steps. We move quickly to convert a decision into an enforceable order and to realise the money, including where the paying party tries to stall.

Setting aside and stay

A decision may be set aside on limited grounds — including denial of natural justice, or the adjudicator acting outside jurisdiction — and enforcement may be stayed in defined circumstances, such as where there is a related arbitration or a real risk the money will not be recoverable. We argue these applications on both sides, on the facts and the current authorities.

Awards

For arbitral awards, we advise on recognition and enforcement under the Arbitration Act 2005 and the New York Convention, and on the narrow grounds for setting aside.

Map the statutory deadlines

Enter your payment-claim date and see every CIPAA milestone in working days.

Open the Timeline Planner

How we help

  • Enforcement of adjudication decisions under s.28 CIPAA
  • Setting-aside applications under ss.15–16 CIPAA
  • Stay of enforcement pending arbitration or litigation
  • Winding-up founded on adjudicated sums
  • Recognition and enforcement of arbitral awards
  • Setting aside of awards under the Arbitration Act 2005

Common questions

Can enforcement of an adjudication decision be stopped?
Only in defined circumstances. The court may stay enforcement where, for example, there is a concurrent arbitration or litigation on the same dispute and there are clear and unequivocal grounds, or where there is a real risk that the sum will not be repaid if the paying party ultimately succeeds. A general dissatisfaction with the decision is not enough.
Speak to counsel

A payment claim just landed? The clock has already started.

Construction disputes run on deadlines — statutory and contractual. Tell us where you are and we will tell you, plainly, what your position is and what the next working days require. The first conversation is complimentary.

Call Timeline Enquire
Teoh Danaraj & Partners is a design mockup created by Seed Light to demonstrate what a modern legal website can look like. The business, people, prices and contact details above are fictional; any resemblance to real firms or persons is coincidental. Like what you see? WhatsApp Seed Light about a website for your business.

Demo mockup

Like this website?

Teoh Danaraj & Partners is a fictional legal demo built by Seed Light. We design and build websites like this for real Malaysian businesses.

WhatsApp Seed Lightseed-light.com