This article first appeared in The Edge Financial Daily on October 31, 2019
KUALA LUMPUR: The High Court yesterday ordered the works minister, the de facto law minister and the government to be defendants in a suit brought by contractor Mega Sasa Sdn Bhd against the Asian International Arbitration Centre (AIAC), its director Vinayak Pradhan, Kinta Bakti Sdn Bhd and one Soh Lieh Sieng.
The order was made by Justice Datuk Lim Chong Fong on an application made by Mega Sasa’s lawyers T Gunaseelan and Arun Kasi.
Senior federal counsel Alice Loke appeared for the government.
In its suit, Mega Sasa mounted a challenge on the Construction Industry and Payment Adjudication Act 2012 (CIPA Act 2012).
“The case will have far-reaching consequences for the construction industry payment adjudication system currently in operation in Malaysia,” said Arun in a statement to theedgemarkets.com.
The company is challenging:
Arun also said that various parties like the Bar Council, Malaysian Society of Adjudicators, Construction Law Society Malaysia, Malaysian Institute of Arbitrators and Chartered Institute of Arbitrators (Malaysian branch) are holding a watching brief in the case as they are given amicus curiae status.
Justice Lim will also hear the contractor’s application to cross-examine Attorney-General (AG) Tan Sri Tommy Thomas in this case upon the AG’s affidavit filed in this case on Nov 13.