The winning party applies to enforce the decision. Once it is a judgment, the ordinary ways of executing a judgment are available.
- A writ of seizure and sale against the losing party’s property.
- Garnishee proceedings against a bank account or a debt owed to the losing party.
- A statutory demand under section 466 of the Companies Act 2016. If the sum is not paid within 21 days, a winding-up petition can follow.
Setting aside and stay
The losing party may apply under section 15 to set the decision aside, on limited grounds, and under section 16 for a stay pending that application or a final determination in court or arbitration. Those applications are resisted as part of the enforcement instruction.
Where we are instructed on the adjudication, the costs of enforcement may be subsidised by up to RM10,000. The extent of the subsidy is confirmed before instructions are accepted.
These notes describe the legislation and the scope of our usual instructions. They are not advice on a particular contract. A consultation may be arranged here.