ONE AMERIN RESIDENCE SDN BHD RAGAWANG CORPORATION SDN BHD

ONE AMERIN RESIDENCE SDN BHD RAGAWANG CORPORATION SDN BHD

Court dismissed Ragawang's application to set aside the Final Award (Save as to Costs) and its challenge to the Addendum because the Arbitrator acted within the terms of submission, the contractual regime (PAM clauses) permitted the awards sought (including pre-award interest), the Arbitrator properly extended the award deadline under PAMAR, alleged breaches of natural justice were either unproven or immaterial to outcome, certifications by a practising advocate & solicitor were 'duly certified' and estoppel barred belated challenges; consequently applications by One Amerin to recognize and enforce the Final Award (Save as to Costs), the Addendum and the Final Award (Costs) were allowed,...

Citation
BA-24C(ARB)-12-11/2021 (Mahkamah Tinggi)
Parties
Plaintiff/defendant: Ragawang Corporation Sdn. Bhd.; Plaintiff/defendant: One Amerin Residence Sdn. Bhd.
Court
ARB
Jurisdiction
Malaysia
Judgment Date
30 May 2022
Case Number
BA-24C(ARB)-12-11/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (arbitration) / Amended Judgment (final Disposal)
Outcome
RC's OS No. 4 dismissed; OAR's OS No. 6 allowed; RC's OS No. 11 dismissed; OAR's OS No. 12 allowed
Legal Topics
Enforcement of Arbitral Award, Setting Aside Arbitral Award, Natural Justice (bias and Right to Be Heard), Jurisdictional Challenges, Arbitrator's Procedural Powers, Costs of Arbitration, Limitation Period, Certification of Documents
Source Language
Malay/English
Arbitration Contract Civil Procedure Evidence Administrative Law Enforcement of Arbitral Award Setting Aside Arbitral Award Natural Justice (bias and Right to Be Heard) +5 more

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Parties

Ragawang Corporation Sdn. Bhd.

Plaintiff/defendant

One Amerin Residence Sdn. Bhd.

Plaintiff/defendant

Procedural Posture

Originating Summons (arbitration) / Amended Judgment (final Disposal)

Legal Issues

  1. 1 Whether respondent could file applications to recognize and enforce awards after applicant filed setting-aside proceedings and whether limitation barred enforcement actions
  2. 2 Whether certain affidavit pages required pagination and whether absence caused prejudice or indicated pre-signing
  3. 3 Whether a practising Advocate & Solicitor can 'duly certify' copies of awards and arbitration agreements under s 38(2) Arbitration Act 2005 and O 69 r 8 ROC

Ratio Decidendi

Court dismissed Ragawang's application to set aside the Final Award (Save as to Costs) and its challenge to the Addendum because the Arbitrator acted within the terms of submission, the contractual regime (PAM clauses) permitted the awards sought (including pre-award interest), the Arbitrator properly extended the award deadline under PAMAR, alleged breaches of natural justice were either unproven or immaterial to outcome, certifications by a practising advocate & solicitor were 'duly certified' and estoppel barred belated challenges; consequently applications by One Amerin to recognize and enforce the Final Award (Save as to Costs), the Addendum and the Final Award (Costs) were allowed,...

Court Disposition

RC's OS No. 4 dismissed; OAR's OS No. 6 allowed; RC's OS No. 11 dismissed; OAR's OS No. 12 allowed

Orders

  • OS No. 4 dismissed with costs in favor of One Amerin Residence Sdn. Bhd.
  • OS No. 6 allowed: Final Award (Save as to Costs) and Addendum declared binding and enforceable as judgment.