PBJV GROUP SDN BHD PETROFAC (MALAYSIA-PM 304) LIMITED

PBJV GROUP SDN BHD PETROFAC (MALAYSIA-PM 304) LIMITED

PBJV failed to identify a specific, material breach of natural justice connected to the making of the Award; the Tribunal's reliance on exhibited third‑party reports and its interpretation of pleadings were matters of evidential assessment within the Tribunal's purview, not procedural unfairness; therefore the Award could not be set aside under s 37 and was enforceable under s 38 AA 2005.

Citation
WA-24NCC(ARB)-2-01/2025 (Mahkamah Tinggi)
Parties
Plaintiff (os 41); Defendant (os 2): PETROFAC (MALAYSIA-PM304) LIMITED; Defendant (os 41); Plaintiff (os 2): PBJV GROUP SDN BHD
Court
ARB
Jurisdiction
Malaysia
Judgment Date
12 August 2025
Case Number
WA-24NCC(ARB)-2-01/2025 (Mahkamah Tinggi)
Procedural Posture
Originating Summonses to Enforce and to Set Aside an AIAC Arbitral Final Award / Judgment (final Decision)
Outcome
Application by PBJV to set aside the Final Award dismissed; application by Petrofac to register and enforce the Final Award allowed.
Legal Topics
Enforcement of Arbitral Award, Setting Aside Arbitral Award, Natural Justice, Hearsay Evidence in Arbitration, Public Policy, Standard of Judicial Review of Arbitral Findings
Source Language
Malay/English
Arbitration Civil Procedure Administrative Law Contract Law Evidence Enforcement of Arbitral Award Setting Aside Arbitral Award Natural Justice +3 more

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Parties

PETROFAC (MALAYSIA-PM304) LIMITED

Plaintiff (os 41); Defendant (os 2)

PBJV GROUP SDN BHD

Defendant (os 41); Plaintiff (os 2)

Procedural Posture

Originating Summonses to Enforce and to Set Aside an AIAC Arbitral Final Award / Judgment (final Decision)

Legal Issues

  1. 1 Whether the Final Award dated 22.10.2024 should be set aside for breach of natural justice
  2. 2 Whether the Tribunal improperly relied on double hearsay reports
  3. 3 Whether the Tribunal misconstrued pleadings as admissions of liability and quantum

Ratio Decidendi

PBJV failed to identify a specific, material breach of natural justice connected to the making of the Award; the Tribunal's reliance on exhibited third‑party reports and its interpretation of pleadings were matters of evidential assessment within the Tribunal's purview, not procedural unfairness; therefore the Award could not be set aside under s 37 and was enforceable under s 38 AA 2005.

Court Disposition

Application by PBJV to set aside the Final Award dismissed; application by Petrofac to register and enforce the Final Award allowed.

Orders

  • Enclosure 1 of OS 2 (PBJV) dismissed with costs
  • Enclosure 1 of OS 41 (Petrofac) allowed; Final Award dated 22.10.2024 registered and ordered to be enforced with costs