SATO KOGYO (M) SDN BHD v SALINI (M) SDN BHD [2014] 10 MLJ 614

 

This Malaysian High Court judgment revisits the grounds available to challenge a call on an on-demand performance security and illustrates the high threshold set previously by the Federal Court[1] for establishing the separate and distinct ground of ‘unconscionability’ to restrain a beneficiary from making such a call.

25 November 2017

2673

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INTRODUCTION

The Malaysian security of payment legislation, The Construction Industry Payment and Adjudication Act 2012 (“CIPAA”), celebrated its first birthday on the 15^th of April 2015, having come into force on 15 April 2014.  How have the months or of life been for this much anticipated legislation?  I would argue that CIPAA has had an excellent start - all said and done.  And yes, much has been said, written, and done – but what hard evidence do I have to support my view?  Well, fortunately, the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) which is responsible under the Act as the adjudication authority for all CIPAA adjudications has gathered solid evidence in the form of statistical data.¹

25 November 2017

2475

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