Regulatory framework for adjudicators in the Malaysian construction industry

  • Wan Azlina Binti Ibrahim

Student thesis: Doctoral Thesis

Abstract

Following the precedent move by the United Kingdom when it enacted the Housing, Grants, Construction and Regeneration Act 1996 (HGCRA 1996) in 1998, the enactment of the Construction Industry Payment and Adjudication Act 2012 (CIPA 2012) in 2014 is expected to improve the cash flow problems in the construction industry in Malaysia. Parallel with statutory needs to resolve disputes via adjudication, the statutory adjudicator exists to conduct the adjudication process. However, in contrast with the Building and Construction Industry Security of Payment Act 2004 (SOPA 2004) in Singapore, HGCRA 1996 and CIPA 2012 does not provide a mandatory regulatory framework for adjudicators. In view of that issue, the author aims to identify and test an appropriate regulatory framework for adjudicators in Malaysia by comparing and contrasting the existing regulatory framework in the UK, Singapore, New Zealand and Malaysia. In addition, the author will also explore the current regulatory framework for construction professionals and legal practitioners since both professions made up more than 90% of adjudicators in the UK, Singapore, New Zealand and Malaysia.Towards the journey to achieve the aim of the research, the author will start by exploring the relevant underlying theories of existing regulatory framework for construction professionals, legal practitioners and adjudicators in the UK, New Zealand, Singapore and Malaysia. The author will also address and articulate the theory behind the existence of adjudicators and the fundamental theory on relevant skill and knowledge for adjudicators. These findings will help to support the process of developing theoretical regulatory framework that will be used as a guide to identify an appropriate and credible regulatory framework for adjudicators in Malaysia.With the theoretical regulatory framework in hand, the author has sought to test empirically the framework practicality within the Malaysian context via a small scale of evaluative studies. The evaluative studies proven to be a big step to understand the acceptance of the advocated theoretical regulatory framework for adjudicators. Ultimately, it can be concluded that the propose regulatory framework for adjudicators in Malaysia is tested and approved via the small scale studies.
Date of Award1 Oct 2014
LanguageEnglish
Awarding Institution
  • University Of Strathclyde
SupervisorBryan Clark (Supervisor) & Andrew Agapiou (Supervisor)

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