SYNOPSIS

The Construction Industry Payment & Adjudication Act 2012 (Act 746) (“CIPAA”) was enacted by the Malaysian Parliament and came into operation on 15th April 2014. CIPAA proceedings are to provide contractors with an alternative dispute resolution primarily based on the principle of “pay first, talk later”.
This Webinar will attempt to provide an overview of the process and procedures of CIPAA and some of the case laws that has developed since its implementation. There will also be some practical guides on what to prepare to initiate CIPAA proceedings and what to expect during the adjudication process.


SPEAKER

Ms Gazel Cheong

Gazel Cheong is a practicing lawyer with more than 20 years’ experience in litigation. Her area of practice is primarily civil litigation in particular general debt recovery matters involving contractual disputes, construction matters, land matters, tenancy, winding-up and bankruptcy proceedings, eviction proceedings, guarantees, etc. She has acted and advised various clients which includes multi-nationals companies, public listed companies and SMEs.

Over the years, she has developed her area of expertise in construction disputes and have been involved in various construction disputes and arbitration proceedings. Recently, she handled an arbitration matter on a dispute of more than RM10 million involving a commercial centre in downtown Kuala Lumpur, Malaysia.

Her experiences in arbitration has also lead her to handle various adjudication proceedings pursuant to the Construction Industry Payment & Adjudication Act 2012 (Act 746) (“CIPAA”). Amongst the various adjudication matters that she was involved in, she has successfully zero-rise a CIPAA claim with an award of cost to the Non-Paying Party (Respondent/Defendant).

She has also successfully applied and obtained various injunctions orders in favour of her clients. She has appeared and conducted trials before High Court judges, and handled appeals before the Court of Appeal and Federal Courts.

Gazel is also an accredited Mediator from the Malaysian Mediation Centre and has successfully facilitated mediation for various disputes.

Gazel is currently one the managing partner of the firm Gazel Chen & Partners, which pride themselves to provide hands-on services to clients and working together with clients as a team to achieve satisfactory outcomes for the clients.