Court of Appeal rules adjudicator acted in excess of jurisdiction and in breach of natural justice by ruling on unpleaded issue

29 May 2023

The Court of Appeal in JKP Sdn. Bhd. v Anas Construction Sdn. Bhd. [2022] 10 CLJ 528 set aside an adjudication decision on the basis that the adjudicator exceeded his jurisdiction in deciding on an unpleaded claim, and was in breach of natural justice for not giving the parties the opportunity to state their positions on an unpleaded clause in the contract upon which the adjudicator had relied.

To read the full article which provides an overview of the court’s findings and practical implications for adjudicators and adjudicating parties, please click here.

This case summary has been prepared with the assistance of Senior Associate Lee Zhe Ying.