Proving Breach of Natural Justice in Adjudication Decisions

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Authors: Hamizah Liyana Tajul Ariffin, Farrah Azwanee Aminuddin, Norhazren Izatie Mohd, Nursyahirah Aliya Mohd Misdon, Tee Wei Kin
Cited by: 0
References: 5

Abstract

The aggrieved party may apply to set aside an adjudication decision due to a breach of natural justice, corruption, lack of adjudicator impartiality, or jurisdictional overreach. However, proving such breaches is challenging, as the burden of proof rests on the aggrieved party, and failure to meet this burden results in the enforcement of potentially unjust decisions. This study identifies the evidence required to satisfy this burden under the Malaysia’s statutory adjudication regimes by analyzing 10 Malaysian cases. Findings reveal that breaches of natural justice often involve adjudicators failing to consider defenses, imposing restrictive jurisdictional views, or disregarding submissions. The study evaluates court verdicts to determine whether the evidence presented is material to the breach and which rule of natural justice was violated. Crucially, only material breaches that likely alter adjudication outcomes justify setting aside decisions. These findings provide adjudicators and construction professionals with a clearer understanding of the evidence required to establish breaches of natural justice, improving statutory adjudication efficiency.

Fields of Study & Subjects

Construction Engineering and Safety Construction Project Management and Performance Law Economics and Judicial Systems

Publication details

Journal / source
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Publisher
American Society of Civil Engineers (ASCE)
Volume
18
Issue
2
Publication date
5 January 2026
Language
EN