D BOX SYSTEM (M) SDN BHD JIANGSU PROVINCIAL CONSTRUCTION (M) SDN BHD

D BOX SYSTEM (M) SDN BHD JIANGSU PROVINCIAL CONSTRUCTION (M) SDN BHD

Leave to file the setting aside application out of time was refused because Jiangsu failed to provide compelling evidence for delay and could not justify extension of the statutory 90‑day period; on the merits Jiangsu failed to prove a breach of natural justice/public policy connected to the making of the award; accordingly the setting aside application was dismissed and the enforcement application allowed.

Citation
WA-24C(ARB)-38-08/2023 (Mahkamah Tinggi)
Parties
Plaintiff / Respondent: Jiangsu Provincial Construction (M) Sdn Bhd; Defendant / Applicant: D Box System (M) Sdn Bhd
Court
ARB
Jurisdiction
Malaysia
Judgment Date
13 October 2023
Case Number
WA-24C(ARB)-38-08/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (arbitration) / Judgment on Applications to Set Aside and to Enforce Arbitral Award
Outcome
Setting Aside Application dismissed; Enforcement Application allowed
Legal Topics
Setting Aside Arbitral Award, Enforcement of Arbitral Award, Natural Justice, Public Policy, Extension of Time
Source Language
Malay/English
Arbitration Civil Procedure Contract Law Enforcement of Judgments Setting Aside Arbitral Award Enforcement of Arbitral Award Natural Justice Public Policy +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 23 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Jiangsu Provincial Construction (M) Sdn Bhd

Plaintiff / Respondent

D Box System (M) Sdn Bhd

Defendant / Applicant

Procedural Posture

Originating Summons (arbitration) / Judgment on Applications to Set Aside and to Enforce Arbitral Award

Legal Issues

  1. 1 Whether leave should be granted to file setting aside application out of time under RC 2012
  2. 2 Whether the arbitral award should be set aside for breach of natural justice/public policy under s 37 AA 2005
  3. 3 Whether the award should be enforced under s 38 AA 2005

Ratio Decidendi

Leave to file the setting aside application out of time was refused because Jiangsu failed to provide compelling evidence for delay and could not justify extension of the statutory 90‑day period; on the merits Jiangsu failed to prove a breach of natural justice/public policy connected to the making of the award; accordingly the setting aside application was dismissed and the enforcement application allowed.

Court Disposition

Setting Aside Application dismissed; Enforcement Application allowed

Orders

  • Setting Aside Application dismissed
  • Enforcement Application allowed