Malaysia legislation

Section 25

of CONSTRUCTION INDUSTRY PAYMENT AND ADJUDICATION ACT 2012

Section 25

The adjudicator shall have the powers to—

(a)

establish the procedures in conducting the adjudication proceedings including limiting the submission of documents by the parties;

(b)

order the discovery and production of documents;

(c)

set deadlines for the production of documents;

(d)

draw on his own knowledge and expertise;

(e)

appoint independent experts to inquire and report on specific matters with the consent of the parties;

(f)

call for meetings with the parties;

(g)

conduct any hearing and limiting the hearing time;

(h)

carry out inspection of the site, work, material or goods relating to the dispute including opening up any work done;

(i)

inquisitorially take the initiative to ascertain the facts and the law required for the decision;

(j)

issue any direction as may be necessary or expedient;

(k)

order interrogatories to be answered;

(l)

order that any evidence be given on oath;

(m)

review and revise any certificate issued or to be issued pursuant to a construction work contract, decision, instruction, opinion or valuation of the parties or contract administrator relevant to the dispute;

Act 746

(n)

decide or declare on any matter notwithstanding no certificate has been issued in respect of the matter;

(o)

award financing costs and interest; and

(p)

extend any time limit imposed on the parties under this

Act as reasonably required.

Power of adjudicator not affected by non-compliance