Affiliation:
1. Taylor's University, Malaysia
2. Massey University, New Zealand
Abstract
The Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) has redefined how construction disputes are resolved in Malaysia. The Chartered Institute of Arbitrators (CIArb) in Kenya has long provided Adjudication Rules for the Construction Industry 2003. According Muigua and Muigua, it is not commonly used to resolve commercial disputes in Kenya. This research fills the gap to address curiosity. The chapter studies the trend of contractual adjudication in Kenya, and the potential challenges of implementing statutory adjudication in Kenya for construction payment disputes. The results revealed that QS in Kenya usually are involved in contractual disputes nevertheless commonly refer to negotiation and arbitration. The findings also indicate that adjudication is not a preferred choice of ADR due to cost, time and lack of provisions in the standard form of contract in Kenya. But the findings proved that most QS's will propose adjudication as the preferred method due to the structured manner the rules will be provided in backed by the parliament.
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