CHINA STATE CONSTRUCTION ENGINEERING (M) SDN BHD v SYNARGYM SDN BHD

wa-24c-16-02-2026 High Court (Mahkamah Tinggi) 8 March 2026 • WA-24C-16-02/2026

Catchwords

CONSTRUCTION LAW — Adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) — Pre-decision judicial intervention — Whether the High Court should intervene in ongoing adjudication proceedings before a decision is rendered — Whether the threshold of "plainly and obviously clear" absence of core jurisdiction is met —— Whether a time-barred claim under Section 7(3) CIPAA constitutes a threshold condition going to core jurisdiction or a substantive defence for the adjudicator to determine — Distinction between core jurisdiction and substantive defences— Whether a live factual dispute as to acknowledgment of debt under Section 26(2) of the Limitation Act 1953 can be resolved on affidavit evidence at the pre-decision stage— Whether the existence of an arbitration clause and concurrent arbitration proceedings constitute an independent ground for declining pre-emptive declaratory relief — Kompetenz-kompetenz under Section 18 of the Arbitration Act 2005 — Whether the limitation question is a matter for the arbitrator to determine finally

Practice Areas

CONSTRUCTION LAW

Judges (1)

Rajes Raghavji Delivered

Parties (2)

China State Construction Engineering Sdn Bhd Applicant SYNARGYM Sdn Bhd Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24c-16-02-2026)