ADJUDICATION PROCESS & TIMELINE
CONSTRUCTION INDUSTRY PAYMENT & ADJUDICATION ACT 2012
| ACTION | TIMELINE | |||
| Payment Claim | Unpaid Party |
|
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| Payment Response | Non-Paying Party | 10 working days from service of the Payment Claim | ||
| Notice of Adjudication | Unpaid Party | 10 working days from service of the Payment Claim
|
||
| Notice to Register Adjudication Matter with the Asian International Arbitration Centre (AIAC) | Unpaid Party | 7 days after service of the Notice of Adjudication | ||
| Appointment of Adjudicator
By parties’ agreement OR By AIAC
|
Parties
Unpaid Party AIAC |
Upon expiry of 10 working days from service of the Notice of Adjudication
Upon expiry of 10 working days from service of the Notice of Adjudication 5 working days from receipt of the Notice to Request Direct of AIAC to Appoint an Adjudicator |
||
| Finalisation of Appointment Terms | Parties & Adjudicator | 10 working days | ||
| Notice of Acceptance of Appointment by Adjudicator (Form 6) | Adjudicator | 10 working days from receipt of notification of appointment by AIAC | ||
| Payment of Advance Security Deposit | Parties | As directed in Form 6 | ||
| Adjudication Claim | Unpaid Party | 10 working days from receipt of Form 6 | ||
| Adjudication Response | Non-Paying Party | 10 working days from receipt of Adjudication Claim | ||
| Adjudication Reply | Unpaid Party | 5 working days from receipt of Adjudication Response | ||
| Adjudication Decision | Adjudicator | 45 working days from the service of the Adjudication Response or Adjudication Reply, whichever is later. |
* Working days means a calendar day but exclude weekends and public holidays applicable at the State or Federal Territory where the site is located
written by Michelle Lim (michelle@atlaw.com.my)




